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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 17485
Experience:  B.A.; M.B.A.; J.D.
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I had filed Bandruptcy chapter 13 but it recently was dismissed

Resolved Question:

I had filed Bandruptcy chapter 13 but it recently was dismissed due to my not having enough income. I am eligable to file a chapter 7 on October 24th 2011 (1 Month 3 weeks)

Here is the problem. I have 2 large collections from my UTILITIES totaling 4500.00. They have givin me 10 days to pay or they shut off my utilities.

How can I delay the shutoff utill I can file a chapter 7? Can I refile the 13, then change it to a 7?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.


Question: I had filed Bandruptcy chapter 13 but it recently was dismissed due to my not having enough income. I am eligable to file a chapter 7 on October 24th 2011 (1 Month 3 weeks)

Here is the problem. I have 2 large collections from my UTILITIES totaling 4500.00. They have givin me 10 days to pay or they shut off my utilities.

How can I delay the shutoff utill I can file a chapter 7? Can I refile the 13, then change it to a 7?

Response
: Unless your Chapter 13 was dismissed for willful failure to abide by Court Orders or you voluntarily dismissed your case after a creditor filed a Motion for Relief from the Automatic Stay, you can file for Chapter 7 now. The 180 days waiting period does not apply to you. Dismissal for not having enough income to fund a Chapter 13 plan is not willful failure to abide by a Court Order. See 11 U.S.C. Sections 109(g); 349(a), and 1328(f).

Customer: replied 5 years ago.

Thank you. The reason I cannot file until Oct 24th, is that is exactly 8 years from the time I filed a chapter 7. I filed back in Oct 24 2003.

 

Thats why I cannot file the chapter 7. Does that change it?

Expert:  Phillips Esq. replied 5 years ago.

Thank you. The reason I cannot file until Oct 24th, is that is exactly 8 years from the time I filed a chapter 7. I filed back in Oct 24 2003.

Thats why I cannot file the chapter 7. Does that change it?

 

Response: Unfortunately, it does. You cannot file another Chapter7 until after 8 years of receiving discharge from a previous Chapter 7. So, the only way to stop your utilities shut -off at this time is to enter into a payment plan with the utilities company until you can file the Chapter 7.

Customer: replied 5 years ago.

Thank you again. I already asked them for a payment plan, but they said no. Thats why I need any other way to delay them.

 

Any suggestions?

Expert:  Phillips Esq. replied 5 years ago.

Thank you again. I already asked them for a payment plan, but they said no. Thats why I need any other way to delay them.

Any suggestions?

 

Response: Unfortunately, I do not have any other suggestions.

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