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A.J.
A.J., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4300
Experience:  Experienced consumer bankruptcy attorney.
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Hi I started a bankruptcy chapter 13 2 years ago, unfortunately

Customer Question

Hi

I started a bankruptcy chapter 13 2 years ago, unfortunately I was not able to continue with the payments and it was discharged.

I need to clean my credit. can i start the procedure again?

Thanks
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  A.J. replied 4 years ago.

SavyLawyer :

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.

Customer :

thanks

SavyLawyer :

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.

SavyLawyer :

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.

SavyLawyer :

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.

SavyLawyer :

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.

Customer :

ok that is great news. and if i file chapter 13, can i do a chapter 7 before i end with the chapter 13?

SavyLawyer :

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.

SavyLawyer :

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.

Customer :

Thank you!!

SavyLawyer :

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.

Customer :

I will . thanks!

SavyLawyer :

You are very welcome, and good luck to you.