If my chapter 13 was just dismissed, how long do I need to wait before filing chapter 7? 22 Answers as of January 26, 2015

Can I find a lawyer for this? I've had two bad lawyers so far.

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Sorry to hear you've experienced inadequate representation! You need not wait to file chapter 7, if you are otherwise qualified.
Answer Applies to: Texas
Replied: 1/26/2015
EDWARD P RUSSELL | EDWARD P RUSSELL
Assuming that the Ch 13 was dismissed without a discharge you can file for a Ch 7 anytime.? If you do file the Ch 7 case within one year since the dismissal of the Ch 13 the automatic stay will be good for only 30 days after filing but this is?probably more of an academic issue as you will be receiving the Ch 7 discharge approximately 3 months after the date of filing.
Answer Applies to: Minnesota
Replied: 1/26/2015
J.M. Cook, P.A. | J.M. Cook
Yes, you can file a Chapter 7 and if it was dismissed before you got your discharge, you need not wait. I suggest you check with the NC Bar Association. The have a lawyer referral section as well as simply a list of board certified specialists in your area.
Answer Applies to: North Carolina
Replied: 1/22/2015
Stephens Gourley & Bywater | David A. Stephens
You do not need to wait at all unless the dismissal was for bad faith filing or to avoid an order lifting stay. You can get an attorney to handle your chapter 7.
Answer Applies to: Nevada
Replied: 1/22/2015
Ronald K. Nims LLC | Ronald K. Nims
If you qualify for a Chapter 7, you can file it immediately. However, since you're filing within 12 months of the previous dismissal you don't get the automatic stay - so if you're trying to protect a house from foreclosure or a car from repossession; you'll need to convince the court that you'll be able to either get current on the loan or will be able to renegotiate with the lender.
Answer Applies to: Ohio
Replied: 1/22/2015
    Law Offices of John W. Lee, PC | Shanna Courtney Harris
    If the Chapter 13 case has already been dismissed, then you can seek counsel about filing a Chapter 7 as soon as you like. An attorney can help you determine whether a Chapter 7 case is appropriate for you.
    Answer Applies to: Virginia
    Replied: 1/22/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can refile but it depends what you are doing it for and if your case is not closed then you can make a motion to convert it to a chapter 7.
    Answer Applies to: New York
    Replied: 1/21/2015
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    If your chapter 13 was dismissed you should be able to file a chapter 7 immediately unless there was a bar date. Call several lawyers in your area and ask them questions regarding their experience until you find one you are comfortable with. Good luck.
    Answer Applies to: California
    Replied: 1/21/2015
    Danville Law Group | Scott Jordan
    What was your Chapter 13 dismissed? The answer to your question will depend on why and when the Chapter 13 was dismissed.
    Answer Applies to: California
    Replied: 1/21/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    If the case was dismissed, you need not wait at all to file under Ch. 7. However, you will need to file a motion to extend the automatic stay past 30 days from filing. I'm sorry to hear about your experience with bad lawyers. There are many good and even excellent ones. You could call my office if you live in Wisconsin and we could discuss matters. Or look in your local yellow pages. Avvo.com has lots of information on lawyers in various practice areas. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 1/21/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You ought to be able to file Chapter 7 immediately after your chapter 13 is dismissed, but you need to be eligible for chapter 7. If you are not eligible to file Chapter 7, the Chapter 7 will be dismissed as well. I am sure there is a lot more to this story.
    Answer Applies to: Nevada
    Replied: 1/21/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Well try looking at nacba.org. that is a better place to start looking for a lawyer. Always beware of lawyers who advertise that they do everything! How can you be really good at something if you are trying to practice law in all areas?
    Answer Applies to: California
    Replied: 1/21/2015
    John W. Lee, P.C.
    John W. Lee, P.C. | John W. Lee
    In most cases you can file a chapter 7 after your chapter 13 is dismissed. There are some exceptions, so you should consult with an experienced local bankruptcy attorney. Finding a lawyer can be tricky, most offer a free consultation, so you could meet 2 or 3 for free until you find one you like.
    Answer Applies to: Virginia
    Replied: 1/21/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You may need to wait 6 months, but if the cases were dismissed for attorney issues, you may be able to shorten the time to refile a 7. You will need to be able to qualify for a 7 to file one.
    Answer Applies to: Florida
    Replied: 1/21/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    It depends on why your case was dismissed. If by the court or following a lift stay motion being granted you can refile but must ask the stay to be reimplemented. Otherwise the stay lifts after 30 days.
    Answer Applies to: Nevada
    Replied: 1/21/2015
    Michael J. Duggar, P.A.
    Michael J. Duggar, P.A. | Michael J. Duggar
    Depending on your jurisdiction, your dismissal is normally delayed to allow you fourteen (14) days to convert your case to Chapter 7, charging you only $25, rather than the $335 filing fee. You still would use the Chapter 13 attorney in that case (although you always have the freedom to go elsewhere), but it may be less expensive to use the same attorney. Just a thought. Best wishes!
    Answer Applies to: Florida
    Replied: 1/21/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    If you didn't get a discharge you may refile any time.
    Answer Applies to: California
    Replied: 1/21/2015
    John W. Lee, PC
    John W. Lee, PC | Timothy R. Douglass
    Unless the case was dismissed with prejudice, you can refile immediately. There may be limitations on the relief that you may receive, but normally you can refile with no significant issues.
    Answer Applies to: Virginia
    Replied: 1/21/2015
    The Law Offices of Ryan F. Beach, PLLC
    The Law Offices of Ryan F. Beach, PLLC | Ryan Beach
    Assuming your are eligible to file Chapter 7, you would most likely be able to file Chapter 7 immediately. I say this presuming that there are no unusual factors, such as a court order barring you from filing. A review of your past filing(s) and current financial situation are a must for answering this question in full. You can absolutely find an attorney to file for you. I highly recommend hiring an attorney that specializes in bankruptcy. There are many practitioners that dabble in bankruptcy and often do a great disservice to their clients because of their lack of knowledge.
    Answer Applies to: Michigan
    Replied: 1/21/2015
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Usually dismissals have a prejudice period of 180 days, regardless of whether you re-file a chapter 7 or 13. However, you can file a motion to shorten that prejudice period if you're in a hurry to re-file. Just a friendly reminder, any second or third case filed within 12 months of a previous case will not have automatic stay, you'll either have to file a motion to extend the automatic stay if it's a second case, or a motion to impose automatic stay if it will be a third case. You can do a search for an attorney on the web or on this website.
    Answer Applies to: Florida
    Replied: 1/21/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    You can file a chapter 7 bankruptcy immediately after the dismissal provided that you otherwise qualify for chapter 7 relief. You absolutely should consult an attorney. Bankruptcy is a complicated process and you will benefit from the help of an experienced bankruptcy attorney.
    Answer Applies to: Virginia
    Replied: 1/21/2015
    Scott Goldstein | Scott Goldstein
    It will depend on wire Chuck at 13 was dismissed. Your chapter 7 attorney may have to file a motion to extend the automatic stay if your dismissal was for failure to follow an order.
    Answer Applies to: New Jersey
    Replied: 1/21/2015
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