Am I able to file for Chapter 7 after being dismissed from Chapter 13 for non-payment?

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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 9 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 9 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


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