Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hello, and thank you for contacting Just Answer. My name is Adam, I am a bankruptcy professional and I look forward to answering your question this morning.
My pleasure. Generally, where a chapter 13 was dismissed for failure to follow the payment plan (dismissed, not discharged, this is an important distinction), the debtor must wait 180 days before they re-file under any chapter of the bankruptcy code, including another chapter 13.
So, if it has been more than 180 days, then generally yes, the debtor who had their chapter 13 dismissed for failure to continue plan payments may file again.
The only exception would be if the court explicitly banned the debtor from re-filing when the original case was dismissed. This is rare, but it is worth checking the dismissal order from the previous case just to make sure.
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ok that is great news. and if i file chapter 13, can i do a chapter 7 before i end with the chapter 13?
The general answer is yes you can. Ultimately, it will depend on the circumstances at the time that you want to file a chapter 7, but yes, a chapter 13 can be converted to a chapter 7 during the course of the chapter 13, so long as the debtor qualifies for chapter 7 at the time that they want to convert.
I hope this helps further, and let me know if you have any additional questions. Otherwise, please remember to RATE my answer so that I can receive credit for my work.
You are very welcome, and I wish you the best of luck. If you do not have any further questions, please remember to RATE my answer positively so that I can receive credit for my work.
I will . thanks!
You are very welcome, and good luck to you.