QUESTION

Can I file chapter 13 bankruptcy if I had a chapter 7 bankruptcy dismissed in 2011?

Asked on Nov 03rd, 2012 on Bankruptcy - Indiana
More details to this question:
I filed a Chapter 13 in 2009 that was later converted to a Chapter 7, which was dismissed in 2011. As a result, some of my creditors (mortgage lender, car creditors) escalated the amounts not paid through bankruptcy. In an effort to pay, over time, I fell behind in my mortgage and am facing foreclosure. While I can afford my monthly mortgage, the arrears are more than I can pay at once and they won't allow me repayment plan. Can I file a Chapter 13 to prevent foreclosure and pay the arrears through this structured payment arrangement? Please advise.
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13 ANSWERS

Bankruptcy & Debt Attorney serving Syracuse, NY at Theodore Lyons Araujo
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Yes, but you cannot get a discharge.
Answered on Jun 26th, 2013 at 9:15 PM

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That is what I would recommend that you try to do. If a feasible plan can be constructed you will be in good shape.
Answered on Nov 09th, 2012 at 6:06 AM

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Bankruptcy Attorney serving Buford, GA at Kenneth A. Parker, PC
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You may be able to file a Chapter 13 case again. Please call me to discuss your options. It's a free consultation.
Answered on Nov 09th, 2012 at 4:14 AM

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Family Law Attorney serving Provo, UT at Havens Law, LLC
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Generally, you must wait 180 days after a dismissal to file again. An exception is when the court gave a specific order at dismissal that you must wait a certain amount of time before filing again. There are some consequences from the dismissal. The automatic stay will only last for 30 days if you have a dismissal within a year.
Answered on Nov 06th, 2012 at 10:47 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Yes, but it is very important that you obtain competent bankruptcy assistance. Please understand that filing for chapter 13 bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy. I am attaching a link to some free videos that explain how bankruptcy works. http://www.dianedrain.com/Bankruptcy/BankruptcyQuestionnaires/BKQuestionnaireInd.htm. There is no cost for the initial discussion. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them. My best to you.
Answered on Nov 06th, 2012 at 4:50 PM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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You can file a chapter 13 for the purpose of curing the mortgage. However, you cannot get another discharge of debts since it sounds like you received a chapter 7 discharge in 2011 not a dismissal.
Answered on Nov 06th, 2012 at 4:50 PM

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Bankruptcy Attorney serving Myrtle Beach, SC at Law Office of Margaret L. Evans, PC
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You should be able to file a Chapter 13 now, provided the Chapter 7 wasn't dismissed for bad faith.
Answered on Nov 06th, 2012 at 4:49 PM

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Bankruptcy Law Business Attorney serving Asheville, NC
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I would want to know why your chapter 7 was dismissed, but almost certainly you can file 13 now.
Answered on Nov 06th, 2012 at 8:15 AM

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Bankruptcy Law Attorney serving Livingston, NJ
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In NJ, yes we could file for you, whether with a discharge or without, but the short answer is yes.
Answered on Nov 05th, 2012 at 1:39 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Dismissed or Discharged? In any event you can file the Chapter 13 to stop the foreclosure to compel the mortgagee to catch up.
Answered on Nov 05th, 2012 at 1:10 PM

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Daniel James Wilson
Since the Ch. 7 was dismissed there is no bar to filing a new case. A Ch 13 might be just what you need, but I urge you to consider letting the house go unless you have significant equity.
Answered on Nov 05th, 2012 at 1:07 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You can file a Chapter 13, but whether you will be able to obtain a discharge of any of your debts or not is an issue I can't address. It is unusual for a Chapter 7 to be dismissed - are you sure you mean dismissed (cancelled) or do you mean discharged. There is a huge difference between these two terms which laypeople frequently confuse.
Answered on Nov 05th, 2012 at 1:07 PM

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William H. Von Willer
Yes, you should be able to file a Chapter 13.
Answered on Nov 05th, 2012 at 1:06 PM

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