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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
chapter 7 after chapter 13 dismissal
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