If my Chapter 13 got thrown out, can I file a Chapter 7?

Only if the Chapter 7 was filed more than 8 years ago. In some cases you are disqualified from filing a bankruptcy case within 6 months of a former case and you need to consult with your attorney about your eligibility for another bankruptcy and the limitations on the automatic stay that may apply to the new case.

The waiting period for filing a Chapter 7 case: 1. If you received a discharge in the first Chapter 7 case, you have to wait 8 years from the filing date before you can file another 7. 2. If you received a discharge in a prior Chapter 13 case, the time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case. If you did, there is no waiting period. If you did not, you have to wait 6 years after the filing of the 13. 3. If you did not receive a discharge, there is no waiting period. The waiting period for filing a Chapter 13 case: 1. If you received a discharge in a prior chapter 7 case, you can file under chapter 13 case at any time. However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge. (Some do this anyway to catch up on a mortgage arrearage.) 2. If you received a discharge in a prior Chapter 13 case, there is a 2-year waiting period - but since nearly every 13 takes longer than 2 years to complete, this rule rarely applies. 3. As with filing under Chapter 7, there is no waiting period if you did not receive a discharge in the prior case.

It depends on if you are below means. When Congress changed the bankruptcy laws in 2005, they created a Means Test. The Means Test computes your income for the six months preceding the month you file and then deducts certain expenses based IRS guidelines. If your income is above the means, you are required to file a Chapter 13. The Means Test also tells us how much you must pay back to your unsecured creditors.

Yes. However, if the chapter 13 was dismissed within a year from when you refile as a chapter 7, the automatic stay protection will go away after 30 days unless you file a motion to extend it. Usually, this is not as important in a chapter 7 context.

If you received a discharge in the Chapter 7 case, you must wait until 8 years after you filed that case to file your new Chapter 7 case.

It depends on how long ago you filed the Chapter 7 case. To file a Chapter 7 case after a Chapter 7 case in which you receive a discharge, you must wait 8 years fro the date of filing. In addition, you must qualify based on your income for Chapter 7 relief. In sum, you really need to speak with an expert attorney to go over all the issues in your situation.

It will all depend on when your chapter 7 was previously filed. Federal law states that 8 years must pass between chapter 7 from the filing date.

Maybe- it depends upon when you received your discharge in your prior ch 7 case.