If my friend was a no show at chapter 13 hearing, can he refile now 3 years later for chapter 13 to release all debts? 15 Answers as of March 18, 2014

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Law Offices of Linda Rose Fessler | Linda Fessler
If the first case was dismissed, he can.
Answer Applies to: California
Replied: 3/18/2014
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
All debts are not released in a chapter 13. That is a chapter 7. A chapter 13 requires monthly payments. That being said, if the earlier case was dismissed more than 3 years ago your friend can refile now.
Answer Applies to: Nevada
Replied: 3/17/2014
Ronald K. Nims LLC | Ronald K. Nims
Yes, there is no time limit on filing a new Chapter 13 after dismissal of a previous Chapter 13.
Answer Applies to: Ohio
Replied: 3/17/2014
LAW OFFICE OF DAVID A. KUBAT
LAW OFFICE OF DAVID A. KUBAT | DAVID A. KUBAT
Yes, so long as he hasn't had a prior Chapter 7 discharge within the last eight years, or a Chapter 13 discharge within the last four years. His prior Chapter 13 dismissal won't be a problem.
Answer Applies to: Washington
Replied: 3/17/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
If he did not show up the case was likely dismissed. He should be able to file a new case.
Answer Applies to: California
Replied: 3/17/2014
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    I'm assuming he filed, did not appear at a chapter 13 hearing, and was dismissed. Unless he did something fraudulent or illegal when he filed his Chapter 13 originally, he can file again.
    Answer Applies to: Idaho
    Replied: 3/17/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Yes. But if he will be filing a chapter 13 case e should hire a lawyer and not try to do that on his own. Chapter 13s are difficult and complicated.
    Answer Applies to: Colorado
    Replied: 3/17/2014
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Most likely. There are usually consequences to skipping a hearing in a Chapter 13 case, such as dismissal or the imposition of a temporary bar to refiling. Unless your friend engaged in filing petitions over and over for improper purposes, the worst punishment is likely now over. In any event, you should consult an experienced Chapter 13 attorney to ascertain whether you can file and then file. A good attorney will also assess for which chapters under the Bankruptcy Code you qualify and which is best for you.
    Answer Applies to: California
    Replied: 3/17/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes. That is not a problem.
    Answer Applies to: California
    Replied: 3/17/2014
    Stephens Gourley & Bywater | David A. Stephens
    Probably yes, but he needs to check what happened with the other chapter 13.
    Answer Applies to: Nevada
    Replied: 3/17/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Sure, someone who has filed a Chapter 13 but did not follow through can refile another Chapter 13 or even a Chapter 7 assuming they otherwise qualify for the program and obtain a discharge of their debts upon completion. Chapter 13 requires a commitment of paying for 3 to 5 years.
    Answer Applies to: Nevada
    Replied: 3/17/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If he did not show then his case should have been dismissed in which case he can file again.
    Answer Applies to: New York
    Replied: 3/17/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    Your friend needs to make certain that his prior bankruptcy was dismissed and that none of the debts that he previously listed are excepted from discharge. He likely will be able to file another bankruptcy since enough time has passed since the dismissal of the previous case (more than 180 days under most circumstances).
    Answer Applies to: Indiana
    Replied: 3/17/2014
    Fluhr & Moore, LLC | Steven S. Fluhr
    He may refile.
    Answer Applies to: Missouri
    Replied: 3/17/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes, that should be no problem.
    Answer Applies to: Oregon
    Replied: 3/17/2014
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