QUESTION
How long after your Chapter 13 case is dismissed can you file chapter 7 bankruptcy?
Asked on Dec 21st, 2016 on Bankruptcy - Colorado
More details to this question:
Our case was filed on 3/7/13, confirmed 05/18/13 and closed on 02/10/15.
5 ANSWERS
If your Chapter 13 was dismissed without a discharge, and closed, you may file Chapter 7 anytime provided you are otherwise eligible.
Answered on Feb 17th, 2017 at 7:16 AM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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That depends on if a discharge was issued or not. Based on your facts you probably did not receive a discharge so you could potentially file immediately; however, there are potential pitfalls that must be considered depending on what happened on the 1st case.
Answered on Feb 17th, 2017 at 7:15 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Unless the Court has ordered otherwise, if your Ch. 13 was dismissed without a discharge, you can file a new case at any time.
Answered on Feb 17th, 2017 at 7:15 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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There is no time limit on filing a new case after one is dismissed. However, the bankruptcy stay is not automatic unless you wait a year, speak with an attorney to determine whether you need the stay and can have the court impose it.
Answered on Feb 17th, 2017 at 7:15 AM