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Can you refile a Chapter 13 bankruptcy yourself or do you need an attorney?
Wiki User
∙ 8y ago
You have the option of filing yourself. Be that as it may, a BK 13 is quite complicated. It would be to the filer's advantage to have legal representation.
I agree with Nikki. You have the right to file a Chapter 13 by yourself without an attorney, but... Every few months I have someone come into my office in the middle of a Chapter 7 which they filed pro se (i.e. without an attorney)which is a mess, and it sometimes costs them more money to hire me to clean it up than it would've cost if they had hired me in the first place. And those are Chapter 7's, which are a piece of cake compared to Chapter 13's. I'm REALLY, REALLY not saying this because I am an attorney, but Chapter 13's are difficult and I would be AMAZED if a non-attorney managed to correctly file a Plan and get it confirmed, deal with any Motions for Relief from Stay, Trustee's Objections, and Motions to Dismiss that come up, and see the case through to Discharge - a daunting task - and I would be ABSOLUTELY AMAZED if they managed to do so while minimizing what they had to pay and getting any household liens and judgment liens (and in some cases mortgages) properly avoided/stripped. Attorneys know how to get rid of debts a layperson may think they have to pay, so even if one completed a Chapter 13 they would possibly have spent quite a bit more than necessary to do so and STILL have liens all over everything. I'm not saying it can't be done without an attorney, but let me put it this way: I had lasik surgery on my eyes to improve my vision, and while maybe I could've saved $4,000.00 by doing it myself at home with a utility knife, sometimes the service you receive is worth the money. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
My husband and I filed Ch. 13 without an attorney. We did have to amend the plan twice, because we misunderstood something, but we muddled through. Still, I'd probably get an attorney if I had it to do over--and could afford one.
Wiki User
∙ 8y ago
Wiki User
∙ 14y agoNo. But you will have a fool for a client if you represent yourself. Chapter 13s are very technical, and any misstep can create serious problems.
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While in a chapter 13 bankruptcy can you stop the bankruptcy?
Yes, and if things don't work out, you can refile.
How long after you have a chapter 13 bankruptcy dismissed do you have to wait before refiling?
It is 180 days before you can refile
If you filed for Chapter 7 Bankruptcy 7 years ago when you were married can you refile again now that you are single?
Never
Can you refile chapter 13 bankruptcy under the new bankruptcy law after your case was dismissed to avoid foreclosure?
A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.
When can you refile bankruptcy after a previous bankruptcy discharge?
That depends on your situation. If you have filed but not received discharge of debt, then you may refile immediately. If you filed for chapter 7 and received discharge of debt, then you can file eight years after discharge date for chapter 7. If filed under chapter 13 and received discharge of debt, can refile after two years for same chapter 13. http://www.jacksonwhitelaw.com/what-we-do/get-help-filing-for-bankruptcy/ If the first bankruptcy, C. 7, was dismissed for cause, you have to wait 180 days before refiling. If you file a C. 7 and get a discharge, you can file a C, 13 immediately after the 7 is closed, called a "Chapter 20" by bankruptcy lawyers who know what they are talking about.
Refile chapter 7?
How soon after filing Chapter 7 Bankruptcy, can you file either Chapter 13 or Chapter 7 Banruptcy again?
Can you refile bankruptcy if its still active?
no
Can you refile if you filed for bankrupty before by yourself?
What could you possibly mean by overturned? Bankruptcy cases are dismissed (for any number of reasons) or discharged (as in completed). It is all covered by Federal law. Depending on which and why will depend on when you can refile.
In Wisconsin how long do you have wait to refile a chapter 13?
Bankruptcy is a federal procedure and court. State laws have a bearing on some issues, especially exemptions, but otherwise the rules are the same. If the Chapter 13 was dismissed for cause, you will have to wait 180 days. If it was dismissed for any other reason, you can refile any time. You may not be entitled to a discharge, however, so check with a bankruptcy lawyer and do it right.
Can a chapter 13 bankruptcy that has been dismissed be discharged?
No, once a bankruptcy is dismissed it has to be refiled after the time limit has expired. The time limit to refile after a chapter 13 dismissal is two years.
Is it better on your credit to refile after a Chapter 13 dismissal or pay your bills yourself with your creditors?
You are always going to be better off by paying your bills.
How soon after can you file for chapter 13 after your first filing?
If you are facing some serious financial issues, you may consider filing for chapter 13 bankruptcy protection. If you do file keep in mind that there is no limit to the amount of times you can refile for the same protection.
