If your chapter 13 was dismissed you ordinarily can refile it. Consult with an attorney as to whether a chapter 7 might be a better choice.

Answer Applies to: California
Replied: 12/21/2011

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Well, why was it dismissed? Was it for failure or inability to make the plan payments? If so, then yes, you may have to file Chapter 7. The good news - not only do you not have to wait, but you should probably be doing it sooner rather than later, because now that your Chapter 13 been dismissed, you are no longer under any bankruptcy protection and your creditors are free to pursue you again.

Answer Applies to: California
Replied: 12/21/2011

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It is normally 180 days but you can file a motion to shorten. You should speak to an attorney as if you filed a13 there must be a reason.

Answer Applies to: Florida
Replied: 12/21/2011

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First you should see if you qualify for a chapter 7. I am assuming that you filed a chapter 13 to protect your assets or had too much income, so you should give all of your details to an attorney to help you decide. But you can re file for a chapter 7 immediatley, and 6 months from your case being closed, you can file another chapter 13.

Answer Applies to: New York
Replied: 12/21/2011

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There is generally no problem to re-file immediately if you were dismissed. Make sure the order dismissing the case is final. You may want to file chapter 7 if you qualify income-wise, but it depends on your specific situation and what debts are involved.

Answer Applies to: Florida
Replied: 12/21/2011

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You need an attorney to answer these questions. Cases filed without an attorney are often dismissed, particularly Ch 13.

Answer Applies to: Colorado
Replied: 12/21/2011

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If you case was dismissed, you can normally refile right away unless the Court put a "cooling off period" in the order. One of the reasons you shouldn't file without an atty is an atty will help you figure out what the best Chapter to use when filing. There are a lot of factors that go into this decision.

Answer Applies to: North Carolina
Replied: 12/21/2011

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You can refile under chapter 13 or 7 but you should contact an attorney to determine what is best for you.

Answer Applies to: Illinois
Replied: 12/21/2011

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I would recommend you re-file bankruptcy, but use an attorney. Remember, bankruptcy is federal law governed by legal rules and procedures. You'll find using an attorney will get you a better result.

Answer Applies to: Colorado
Replied: 12/21/2011

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The previous chapter 13 case won't prevent you from filing another case, because you did not receive a discharge of your debts. You could file chapter 7 if you are eligible in terms of the income guidelines and have not received a discharge of your debts in a chapter 7 case filed within the past 8 years. You could file a new chapter 13 case if you have a regular source of income that meets your living expenses and allows you to make a payment to the trustee each month.

Answer Applies to: Minnesota
Replied: 12/20/2011

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If the judge did not bar you from filing another bankruptcy for a specific period of time then you could probably file a chapter 7 bankruptcy to discharge your debts if you qualify. It is hard to say without knowing the reason why you filed for a chapter 13 instead of a chapter 7 in the first place. They are totally different and have different rationales for filing each one. A chapter 7 would allow you to discharge your debt without repaying any of your creditors.

Answer Applies to: New York
Replied: 12/20/2011

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Dismissal of your bankruptcy case should provide you with a reason to visit with a qualified bankruptcy attorney in your area. Feel free to contact our office for a no-cost consult and evaluation.

Answer Applies to: Illinois
Replied: 12/20/2011

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If your case was not dismissed for cause then you may be able to file a chapter 7 right away. See an attorney about this.

Answer Applies to: California
Replied: 12/20/2011

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The real question is why did your Chapter 13 fail? Knowing that will provide an attorney with background to guide you properly on how to proceed.

Answer Applies to: Indiana
Replied: 12/20/2011

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If you have a dismissed case SEE a LAWYER!!!!! A second case within a year requires a motion to keep the automatic stay in place.

Answer Applies to: California
Replied: 12/20/2011

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You can file a motion to reinstate if you think it was a mistake or you have a good reason as to why it should not be dismissed. If you're not even sure what chapter to file, please consult with an attorney, any mistake you do will only prejudice yourself. Especially chapter 13, it is very complicated.

Answer Applies to: Florida
Replied: 12/20/2011

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You should contact an attorney to determine if you are eligible to re-file right away.

Answer Applies to: Colorado
Replied: 12/20/2011

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No one can really answer your question since you give no facts about your case. If you filed a Chapter 13 without a lawyer then it is not surprising it was dismissed as most Chapter 13 cases filed by people without lawyers are dismissed. If you had a lawyer in the Chapter 13, then your question should be directed to that attorney who knows your case and not one else since no one can possibly have all the required information to answer your questions. Depending on the reason your Chapter 13 case you might be able to file again right away or maybe Chapter 13 was never the best choice for you and you might want to file a Chapter 7 if you are eligible and that's the best choice for your situation.

Answer Applies to: California
Replied: 12/20/2011

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You can re file as soon as case is dismissed if the court did not set a bar from re filing. You might need to seek an attorneys advice to see what chapter is better for you.

Answer Applies to: California
Replied: 12/20/2011

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First of all you need a lawyer. Pro se bankruptcies rarely work. No one here can tell you if you qualify for, or even should do chapter 7 without seeing your financial information. The past dismissal, if recent, may affect refiling and will also likely affect whether you have an automatic stay. You need counsel to deal with such issues.

Answer Applies to: Georgia
Replied: 12/20/2011

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Was it dismissed with prejudice? if not you may refile. I cannot tell why you filed a chapter 13 and what caused the dismissal. If you qualify to file a chapter 7 you may do so, again, if your case was not dismissed with prejudice.

Answer Applies to: Florida
Replied: 12/20/2011

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You must wait 180 day.

Answer Applies to: Florida
Replied: 12/20/2011

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If you earn sufficient income you may be able to resolve your debts for less then what you owe through a process of debt negotiation. Your creditors may be willing to accept a reduced amount, in lump sum or in payments, as a settlement of the outstanding balance.

Answer Applies to: New York
Replied: 12/20/2011

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You may be eligible to refile immediately. However, the stay will only be in effect for 30 days unless you request an extension. If your case was dismissed voluntarily after a Motion to Lift Stay you have to wait 180 days. Refer to your order. Whether you should file a 7 or 13 depends on many factors.

Answer Applies to: Maryland
Replied: 12/20/2011

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You can file for a chapter 7 if you qualify any time after your chapter 13 has been dismissed.

Answer Applies to: California
Replied: 12/20/2011

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