Can I file for Chapter 7 next year after having my Chapter 13 case dismissed? 11 Answers as of February 05, 2011My 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.
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
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
Answer Applies to: California
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