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Can you file another chapter 13 case after it is dismissed?

Writer Sebastian Wright

Whether you can file another Chapter 13 case immediately after a dismissed Chapter 13 depends on the reason why the Chapter 13 case was dismissed. If this wasn’t your first bankruptcy case in a short period of time, the bankruptcy court could prevent you from filing another Chapter 13 case for a specific period of time.

What happens when you convert your chapter 13 case to Chapter 7?

When you filled out your Chapter 13 case, you listed your property on Schedule A/B. Property you still have when you convert your case, and that you can’t protect with a bankruptcy exemption, will be sold by the Chapter 7 trustee. The trustee will distribute the proceeds to your creditors.

When to file Chapter 7 or Chapter 13 bankruptcy?

Chapter 13 before Chapter 7. If the court granted your first discharge under Chapter 13 bankruptcy, you’d need to wait six years (from the Chapter 13 bankruptcy filing date) before filing for a Chapter 7 discharge. You won’t have to wait that long, however, if you paid unsecured creditors in full in the Chapter 13 case, or,…

When to refile Chapter 13 after a discharge?

Filing a Chapter 13 after a previous Chapter 13 discharge (2 years). If you had a Chapter 13 filing that ended with a discharge and you need to refile Chapter 13 again, you cannot file any sooner than two years from when your previous case was filed.

Can you file bankruptcy after a Chapter 7 discharge?

It is possible to file Chapter 13 bankruptcy soon after receiving a Chapter 7 discharge, the filer just won’t be eligible to receive a Chapter 13 discharge in the second case.

Can you file Chapter 13 after filing Chapter 7?

Filing Chapter 13 immediately after filing Chapter 7 bankruptcy is also referred to as Chapter 20 bankruptcy. You will not receive a discharge when filing Chapter 20, since you are not waiting the full four years between Chapter 7 and Chapter 13, but this type of filing could give you the time you need to pay down debt.

What can I do if my bankruptcy case was dismissed?

However, if your first bankruptcy case was dismissed, including a voluntary dismissal, you can generally file again for either Chapter 7 or Chapter 13 at any time.