Could I file for Chapter 7 next year after having my Chapter 13 case dismissed? 9 Answers as of June 02, 2015

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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Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
If you are eligible, you will be able to file a chapter 7 case. A Motion to Extend the Automatic Stay, or a Motion to Impose the Automate Stay may be required, depending upon the timing of your various cases.
Answer Applies to: Colorado
Replied: 6/2/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You can file a chapter 7 every 8 years.
Answer Applies to: New York
Replied: 6/2/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
The simple answer is yes. There may be some complications because of the dismissal. Meet with an experienced BK lawyer to make sure you know what you are doing. Good luck!
Answer Applies to: Colorado
Replied: 6/2/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
If by filing a bankruptcy, you mean filing a bankruptcy petition with the expectation of getting a discharge, your best bet is to wait until at least one full year has passed since the date of your most recent filing. That is because if you file a new petition and had one bankruptcy pending during the past year, you have to struggle to keep the Automatic Stay in place. If you have had two cases pending in the prior 12 months, it's even harder to get the benefits of the Automatic Stay. With two recent dismissals, either your lawyer was unusually uncommunicative (which is against the rules for lawyers) or you must have had lots more problems than the typical debtor. For your next filing, find an experienced BR lawyer who comes well-recommended. Good Luck.
Answer Applies to: Wisconsin
Replied: 6/2/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
As long as you are able to meet the eligibility requirements for Chapter 7, your prior failed Chapter 13 cases will not prevent you from filing Chapter 13 unless there is something else going on that you failed to mention.
Answer Applies to: Nevada
Replied: 6/2/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Generally you can file right away unless the order dismissing your case has a bar to refiling. Look at the order dismissing the case. If is says nothing about refiling you can do it now. But beware, a third case filed within a year does not come with an "automatic stay". However, some jurisdictions have interpreted that portion of the law to be meaningless so you do get an automatic stay. (this is what makes things complicated, the "law" is not the same everywhere). Consult with competent counsel to find out the rule in your jurisdiction. You may find one at nacba.org. If there is a bar to refiling it usually is a six month bar.
    Answer Applies to: California
    Replied: 6/2/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Sure, if your case was dismissed you could (theoretically) file a Chapter 7 the next day. Since you got two chapter 13 cases dismissed because of a misunderstanding with your attorney, I'd recommend getting another attorney.
    Answer Applies to: Ohio
    Replied: 6/2/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Speak with an attorney with all of the details for a valid opinion.
    Answer Applies to: Michigan
    Replied: 6/1/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Whether you qualify for chapter 7 is a question for your attorney. You don't say why you filed a 13 in the first place. Perhaps your income was too high, or perhaps you were trying to protect assets. Generally, if you are above the median income for your household size you might not qualify for chapter 7. Since it seems like you have a home, perhaps the value exceeds the homestead exemption. If you had difficulty communicating with your attorney, you should try a different one. Your prior chapter 13 cases, if dismissed, have no bearing on whether you qualify for chapter 7 unless the dismissal order specifically prohibits you from filing again for a certain period of time.
    Answer Applies to: Oregon
    Replied: 6/1/2015
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