If my Chapter 13 got thrown out, can I file a Chapter 7? 12 Answers as of February 01, 2012

If you filed your Chapter 7 case more than 8 years ago, you may file a new Chapter 7 case and receive a discharge in the new case.

You need 8 years from the filing of the Ch7. Contact a lawyer to make sure you meet the rest of the requirements.

If your Chapter 7 was more than 8 years ago, then yes, you can file Chapter 7 even though you have had two prior Chapter 13 cases dismissed.

The waiting period for filing a Chapter 7 case: 1. If you received a discharge in the first Chapter 7 case, you have to wait 8 years from the filing date before you can file another 7. 2. If you received a discharge in a prior Chapter 13 case, the time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case. If you did, there is no waiting period. If you did not, you have to wait 6 years after the filing of the 13. 3. If you did not receive a discharge, there is no waiting period. The waiting period for filing a Chapter 13 case: 1. If you received a discharge in a prior chapter 7 case, you can file under chapter 13 case at any time. However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge. (Some do this anyway to catch up on a mortgage arrearage.) 2. If you received a discharge in a prior Chapter 13 case, there is a 2-year waiting period - but since nearly every 13 takes longer than 2 years to complete, this rule rarely applies. 3. As with filing under Chapter 7, there is no waiting period if you did not receive a discharge in the prior case.

You can file another chapter 7 after eight years. You are eligible to file chapter 13 now.

More than likely, yes. It depends on the dismissal of the two Ch 13's.

No reason why not. However, if your chapter 13 cases were relatively recent, you could have some problems owing to "serial filing". Ask your lawyer.

You can file a Chapter 7 if eight years have passed since your last Chapter 7 if you received a discharge.

If you received a discharge in the chapter 7, then you have to wait 8 years to file another chapter 7.

If your Chapter 7 was filed more than 8 years ago, and the intervening cases were dismissed, you may be eligible for a Chapter 7 again. The other considerations are your income, household size, equity in any property, and the types of debt you have.