If my Chapter 13 got thrown out, can I file a Chapter 7? 20 Answers as of February 03, 2012

Yes, provided that you filed your previous Chapter 7 more than 8 years ago. If so, then you can file Chapter 7 despite the Chapter 13 cases that were dismissed.

Only if the Chapter 7 was filed more than 8 years ago. In some cases you are disqualified from filing a bankruptcy case within 6 months of a former case and you need to consult with your attorney about your eligibility for another bankruptcy and the limitations on the automatic stay that may apply to the new case.

Yes unless you have a court order saying otherwise.

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.

Yes. You can always file Chapter 7 if you qualify. If the debts are mostly consumer debts (debts incurred primarily for personal, household or family purposes) you will qualify if your income will not allow you to repay any of the debt. You will need to consult with a qualified attorney to make that determination.

Depends on the time between the chapter 7 cases, and why you did not simply convert the last chapter 13 into a chapter 7 at the time of failure? There may also be issues with obtaining an automatic stay due to the multiple filings. Legal information only and not legal advice. Debt relief agent and attorney.

It depends on if you are below means. When Congress changed the bankruptcy laws in 2005, they created a Means Test. The Means Test computes your income for the six months preceding the month you file and then deducts certain expenses based IRS guidelines. If your income is above the means, you are required to file a Chapter 13. The Means Test also tells us how much you must pay back to your unsecured creditors.

Yes. However, if the chapter 13 was dismissed within a year from when you refile as a chapter 7, the automatic stay protection will go away after 30 days unless you file a motion to extend it. Usually, this is not as important in a chapter 7 context.

You have to wait 8 years from your last filing of your chapter 7 if you received a discharge to file another chapter 7. So, if it has not been 8 years you have to wait until that time.

Possibly. It would depend on how long ago you filed the Chapter 7 petition. You have to wait eight years from the previous discharge.