Am I able to file for Chapter 7 after being dismissed from Chapter 13 for non-payment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I able to file for Chapter 7 after being dismissed from Chapter 13 for non-payment?
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.
Asked on November 11, 2011 under Bankruptcy Law, Tennessee
Answers:
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 12 years ago | Contributor
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/
bankruptcy blog: http://bklaw.com/bankruptcy-blog/
Follow Me on Twitter: @bklawr
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 12 years ago | Contributor
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/
bankruptcy blog: http://bklaw.com/bankruptcy-blog/
Follow Me on Twitter: @bklawr
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.