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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5943
Experience:  20 years of professional experience
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If I filed a chapter 13 two months ago and the case was

Customer Question

If I filed a chapter 13 two months ago and the case was dismissed, can I file a chapter 7?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Maverick replied 1 year ago.

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ANSWER:

Unless the court orders otherwise, you can file again if your CHAPTER 7 BK was dismissed. A 180-day waiting period may apply if your case was dismissed for failure to obey a court order, failure to appear in the case, or you voluntarily dismissed the case after a creditor filed a motion for relief from the bankruptcy stay.

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Customer: replied 1 year ago.
Chapter 13 was Summary Dismissal not Chapter 7, for failing to file a Plan and Schedules within 14 days, can I file a Chapter 7 since it has been 60 days?
Expert:  Maverick replied 1 year ago.

Sorry, my mistake. The answer is the same since you never obtained a discharge from the 13. So, unless the court orders otherwise, you can file a BK again if your BK was dismissed. However, a 180-day waiting period may apply if your case was dismissed for failure to obey a court order, failure to appear in the case, or you voluntarily dismissed the case after a creditor filed a motion for relief from the bankruptcy stay. In your case, it does not appear that the court issued an order that says you would have to wait 180 days to re-file for one of these reasons; so you should be able to refile even after 60 days.

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