QUESTION
Can you file Chapter 7 if you couldn't pay your Chapter 13?
Asked on Feb 18th, 2013 on Bankruptcy - Arizona
More details to this question:
What is the remedy for someone who has filed Chapter 13, and the case has been dismissed due to non-payment? Can they file Chapter 7?
15 ANSWERS
Depending on the circumstances of the dismissal and if the Judge has not put a 60 day barr on the debtor, then yes you can now file a chapter 7. However, you will now have to refile the bankruptcy as a new chapter 7 instead of the motion to convert.
Answered on Feb 21st, 2013 at 11:43 PM
Possibly, it depends a bit on why the 13 was filed in the first place. If it was because you were time-barred from filing a 7, then no, not until the time-bar lifts. If it was to save a home and that is no longer an option, then there is no reason not to file a 7.
Answered on Feb 21st, 2013 at 11:28 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Depends on your goals and whether the reason for filing a chapter 13 still exists.
Answered on Feb 20th, 2013 at 11:49 PM
Assuming the person can qualify to file Chapter 7, if the Chapter 13 fails, it is possible to refile a Chapter 7 or even to convert the Chapter 13 to a Chapter 7.
Answered on Feb 20th, 2013 at 11:49 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. But for the protection of the debtor it is important to file a Motion at the same time the new case is filed, seeking continuation of the Automatic Stay until the end of the new case. A skilled bankruptcy lawyer can be very helpful.
Answered on Feb 20th, 2013 at 11:48 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Yes, if you qualify you can file chapter 7.
Answered on Feb 20th, 2013 at 11:48 PM
Bankruptcy Attorney serving Philadelphia, PA
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Halprin Law
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Since it sounds like your case was dismissed prior to you receiving a discharge of your debts you may be able to file a Ch7 but it depends on whether you are eligible for a Ch7 bankruptcy under the means test. There are many factors to consider though when you file bankruptcy. If you filed a Ch13 initially I assume you either had a reason for choosing a Ch13 over a Ch7, such as trying to catch up on mortgage payments or car payments, or to pay delinquent taxes, or because you had too much equity in an asset, or you just made too much money to qualify for a Ch7. You can check to see if your household income is under the median income hereto see if you may qualify for a Ch7, but even if it is over the median income you may still qualify. Your best bet would be to ask the attorney who filed your Ch13 or another debt relief attorney in your area.
Answered on Feb 20th, 2013 at 11:46 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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It depends on whether you qualify for Chapter 7 relief now. That you couldn't make the payments on your Chapter 13 case does not help to make that determination one way or the other. You have to do the calculations. We offer a free initial consultation.
Answered on Feb 20th, 2013 at 11:46 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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They most likely could, but there are consequences of a Chapter 7 that you need to discuss with an attorney.
Answered on Feb 20th, 2013 at 11:44 PM
Deborah F. Bowinski
You may be able to file a chapter 7, but it will depend upon your specific circumstances including whether you have previously filed a chapter 7 case within the last 8 years. If you were originally precluded from filing chapter 7 because of household income then you may have an uphill battle. I suggest you review your situation with an experienced bankruptcy attorney to determine what your best option is.
Answered on Feb 20th, 2013 at 11:43 PM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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It would be helpful to know the reason(s) for the filing of the Chapter 13. But, the dismissal of the Chapter 13 in itself does not bar the filing of another case be it Chapter 7 or Chapter 13. If the dismissal was with the last year a Motion to Extend the Automatic Stay would have to be filed.
Answered on Feb 20th, 2013 at 11:42 PM
Richard hirsh
The case cold probably have been converted to chapter 7 prior to dismissal. It might not be too late to reopen and convert. Otherwise a new case may filed but all qualifying factors, such as the means test, apply.
Answered on Feb 20th, 2013 at 11:40 PM
Bankruptcy & Debt Attorney serving Syracuse, NY
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Theodore Lyons Araujo
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You may convert from a 13 to a 7 but you must first analyze the consequences of such a move.
Answered on Feb 20th, 2013 at 11:35 PM
Bankruptcy Law Business Attorney serving Asheville, NC
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Pitts, Hay & Hugenschmidt, PA
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There is no limitation on filing a Chapter 7 after the 13 was dismissed for non-payment.
Answered on Feb 20th, 2013 at 11:35 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes, but there are some questions that they must address before filing the chapter 7. The other option might be to reopen the 13 and convert the case to a chapter 7. Again, they really need to talk to a good bankruptcy attorney licensed in the state where they live. Please understand that filing for bankruptcy is complicated.
Answered on Feb 20th, 2013 at 11:34 PM