Can I file for Chapter 7 next year after having my Chapter 13 case dismissed? 11 Answers as of February 05, 2011

My first and second chapter 13 was dismissed because of a misunderstanding with my attorney. I was making payments but my case was dismissed for 200.00. I was not aware what was going on. I want to know if I can file chapter 7 in the New Year to clear all credit debt. I lost my car but my home was not involved.

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Yes, you can.
Answer Applies to: California
Replied: 2/5/2011
DiManna Law Office, LLC.
DiManna Law Office, LLC. | Dawn DiManna
Yes, you should be able to file a Chapter 7 if your Chapter 13s were dismissed and you did not receive a discharge.
Answer Applies to: New Hampshire
Replied: 12/8/2010
Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
You may file a Chapter 7 bankruptcy after the required 180 day waiting period following your 2nd dismissal of the Chapter 13 case - provided you had not received a Chapter 7 discharge in the previous 8 years. However, you may have to convince the court that this third filing of bankruptcy is not in bad faith [Sec. 362(c)(3)(C)]. Additionally, you may not be entitled to the automatic stay and have to request the court to grant it. [Sec. 362(c)(4)(A)]. Finally, you should check with your attorney to see if Chapter 7 is feasible in your case. If you have equity in your home and/or income above the "means test," Chapter 7 bankruptcy may not be appropriate for you.
Answer Applies to: Illinois
Replied: 12/7/2010
Steven D. Keist, Attorney at Law
Steven D. Keist, Attorney at Law | Steven D. Keist
Possibly. If you have already had two filings, the Court could determine that a third filing is in bad faith. It would depend on the circumstances.
Answer Applies to: Arizona
Replied: 12/7/2010
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
You should discuss this with your attorney.
Answer Applies to: South Dakota
Replied: 12/6/2010
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, if you did not receive a discharge in a chapter 13 case filed within the past 4 years, then you can file a Chapter 7 case (assuming you are otherwise eligible) and seek a discharge of
    dischargeable debts.
    Answer Applies to: California
    Replied: 12/6/2010
    The Shakoori Law Group
    The Shakoori Law Group | Rachelle Shakoori
    If the case was dismissed, you may be able to file a chapter 7 if you qualify.
    Answer Applies to: California
    Replied: 12/6/2010
    David R. Fondren, Attorney at Law
    David R. Fondren, Attorney at Law | David R. Fondren
    The first thing you need to do is review the dismissal order to make sure there is no prohibition to your re-filing another case, or if there is, the time has passed. Second, do a new means test review to see if you can file a 7. Third, do an exemption review to see if there is a liquidation problem, or be prepared to surrender property. Depending on how long you lived in NY, your attorney can determine which exemptions apply to you. Fourth, do a transfers review to see if there is a problem there. Fifth, let your attorney know if you have any discharges for chapter 7 or 13 in the past and when they are. I can't think of any other problems off the top of my head.
    Answer Applies to: Missouri
    Replied: 12/6/2010
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Yes, unless the judge dismisses your prior case with a bar date as to when you can re-file. Check your dismissal order and check with your attorney.
    Answer Applies to: California
    Replied: 12/6/2010
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can file Chapter7 in the new year if you pass the means test and all other standards the court implements (including not being in bad faith). Feel free to contact our office for a free consultation.
    Answer Applies to: California
    Replied: 12/6/2010
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes. If the case was dismissed, you can file a chapter 7.
    Answer Applies to: California
    Replied: 12/6/2010
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