Can we file chapter 7 after dismissal

Submitted by Anonymous (not verified) on Tue, 09/28/2010 - 05:58
Forums

Hi,

We had filed for Chapter 13 bankruptcy but it got dismissed due to our attorney failing to submit the paperwork for a self dismissal of our case, so the trustee dismissed it based on a no show to our hearing.

In the meantime since that happened my husband lost his job. My question is can we now file a new chapter 7? Or do we have to wait the 6 months since the chapter 13 dismissal date. We only have unemployment benefits and about 13k. My attorney is not answering my e-mails. Thanks for your help in advance

Hi Cod,

My question is can we now file a new chapter 7?

Yes, you can file for chapter 7 bankruptcy, provided you qualify for it. Your income must be below the state median income for you to qualify for chapter 7 bankruptcy.

Or do we have to wait the 6 months since the chapter 13 dismissal date.

No, you need not wait for 6 months to file the bankruptcy. You are rather required to refile within the 6 months, that is 180 days from the date of dismissal of the bankruptcy.

My attorney is not answering my e-mails.

I think you need to consult a new attorney.

Thanks,

Aaron

Tue, 09/28/2010 - 07:26 Permalink