How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask dylatess Your Own Question
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
Type Your Bankruptcy Law Question Here...
dylatess is online now
A new question is answered every 9 seconds

Hi, my name is XXXXX XXXXX I have a situation that I dont know

This answer was rated:

Hi, my name is XXXXX XXXXX I have a situation that I don't know what to do. I will be dismissed from a Chapter 13 that I filed in July 2011 due to missed payments. I will be dismissed on March 29, 2013. I previously file a Chapter 13 in 2006 and was discharged in 2010. Prior to filing the most recent Chapter 13, I file Pro se a Chapter 7 with my wife in which her debts were discharged and mine weren't because they told me that I did not qualify due to a previous Chapter 7 that I don't remeber. I want to file a Chapter 7 now that my Chapter 13 is being dismissed due to my wife losing her job and me losing my income due to being on leave without pay from my job from October 2012 to January 2013. Please help me.
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

To be able to file a chapter 7 now, eight years from the date of your last chapter 7 must have passed . note, as you said that your most recent chapter 7 was not granted because of a prior chapter 7, my hunch is that it has not been eight years. Accordingly, you need to check with the court for the date that the chapter 7 was filed. And if eight years has passed, you will be able to file once your chapter 13 is dismissed.
dylatess and other Bankruptcy Law Specialists are ready to help you