Am I able to file for Chapter 7 after being dismissed from Chapter 13 for non-payment?
Question Details:
My Chapter 13 case was dismissed due to non-payment because I was fired from a job during early stages of my pregnancy. I am now due in 2 weeks and the car people have began to look for my car for repossession again. I do not have a job and about to have 2 children in my home.
Unless the order dismissing your Chapter 13 case specifically prohibits you from re-filing for 6 months, then you can file a Chapter 7 (assuming you otherwise meet the eligibility requirements for Chapter 7). However, since you had a previous case dismissed within 1 year, the automatic stay--which stops creditors from taking collection actions against you--will terminate 30 days after your case is filed, unless you obtain a bankruptcy court order prior to then extending the stay.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
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