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.
I hope this helps, and let me know if you have any additional questions. Otherwise, please remember to RATE my answer positively so that I can receive credit for my work.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).