QUESTION
If my chapter 13 was just dismissed, how long do I need to wait before filing chapter 7?
Asked on Jan 20th, 2015 on Bankruptcy - Michigan
More details to this question:
Can I find a lawyer for this? I've had two bad lawyers so far.
9 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Sorry to hear you've experienced inadequate representation! You need not wait to file chapter 7, if you are otherwise qualified.
Answered on Jan 26th, 2015 at 6:01 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Yes, you can file a Chapter 7 and if it was dismissed before you got your discharge, you need not wait. I suggest you check with the NC Bar Association. The have a lawyer referral section as well as simply a list of board certified specialists in your area.
Answered on Jan 22nd, 2015 at 5:01 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If you qualify for a Chapter 7, you can file it immediately. However, since you're filing within 12 months of the previous dismissal you don't get the automatic stay - so if you're trying to protect a house from foreclosure or a car from repossession; you'll need to convince the court that you'll be able to either get current on the loan or will be able to renegotiate with the lender.
Answered on Jan 22nd, 2015 at 4:41 AM
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
If your chapter 13 was dismissed you should be able to file a chapter 7 immediately unless there was a bar date. Call several lawyers in your area and ask them questions regarding their experience until you find one you are comfortable with. Good luck.
Answered on Jan 21st, 2015 at 11:53 AM
You ought to be able to file Chapter 7 immediately after your chapter 13 is dismissed, but you need to be eligible for chapter 7. If you are not eligible to file Chapter 7, the Chapter 7 will be dismissed as well. I am sure there is a lot more to this story.
Answered on Jan 21st, 2015 at 11:50 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If the case was dismissed, you need not wait at all to file under Ch. 7. However, you will need to file a motion to extend the automatic stay past 30 days from filing. I'm sorry to hear about your experience with bad lawyers. There are many good and even excellent ones. You could call my office if you live in Wisconsin and we could discuss matters. Or look in your local yellow pages. Avvo.com has lots of information on lawyers in various practice areas. Good Luck.
Answered on Jan 21st, 2015 at 11:49 AM
2 Awards
It depends on why your case was dismissed. If by the court or following a lift stay motion being granted you can refile but must ask the stay to be reimplemented. Otherwise the stay lifts after 30 days.
Answered on Jan 21st, 2015 at 10:56 AM
If you didn't get a discharge you may refile any time.
Answered on Jan 21st, 2015 at 10:04 AM
Assuming your are eligible to file Chapter 7, you would most likely be able to file Chapter 7 immediately. I say this presuming that there are no unusual factors, such as a court order barring you from filing. A review of your past filing(s) and current financial situation are a must for answering this question in full. You can absolutely find an attorney to file for you. I highly recommend hiring an attorney that specializes in bankruptcy. There are many practitioners that dabble in bankruptcy and often do a great disservice to their clients because of their lack of knowledge.
Answered on Jan 21st, 2015 at 10:04 AM