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Answered 2006-03-07 02:32:00

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.

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Can you amend a chapter 7 bankruptcy after its been discharged?

No


Can a discharged bankruptcy be reinstated?

Discharged Bankruptcy normally means that it was a successful bankruptcy and the debt slate is now clean. But if your bankruptcy has been dismissed by the court you can file to have it reinstated. An experienced bankruptcy attorney can help you file to reinstate your dismissed bankruptcy case. You must include the reason the case was dismissed, why it failed and how it will be better if the case is reinstated.


What year did the law change for bankruptcy on your credit report for 10 years?

The time limit for a discharged chapter 7 or 13 bankruptcy to remain on a credit report has always been 10 years. A dismissed chapter 7 wil remain 10 years, a dismissed chapter 13 will remain 7 years.


Can you stop chapter 13 bankruptcy payments from coming out of your pay check?

No, if automatic withdrawal has been implemented by the BK court trustee they will continue until the chapter 13 is discharged or dismissed.


What is dismissed versus discharged in regards to bankruptcy?

Discharged indicates the bankruptcy has been found valid and the debts that were allowed to be included in the BK have been expunged, (discharged and closed are two different matters). Dismissed means for some reason(s) the bankruptcy filing was not considered valid and the BK petitioner's debts will remain collectible by whatever means the creditor chooses including a lawsuit.


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.


Can you file chapter 7 bankruptcy before a chapter 13 has been dismissed?

No. You can only have one bankruptcy proceeding at a time. You can convert the 13 to a 7.


Whats the difference between discharged and dismissed?

In very simple terms, discharged means the BK filing was found valid, and the bankruptcy has been granted. Dismissed means that there was/were (an) error(s) of some sort in the filing and the BK has been disallowed. .


I have just been discharged in a Chapter 7 Bankruptcy what does that mean?

The case, that you asked for, has been completed and resolved.


In South Carolina when can a chapter 7 bankruptcy be filed after a chapter 13 has been dismissed?

Two years after the date of the chapter 13 dismissal.


What does it mean to be discharged from a bankruptcy?

Your bankruptcy case has been completed and it is now finished! discharged!


How long do you have to wait after filing Chapter 7 bankruptcy in California to start a new business?

You can start a new business right away, although you might find it difficult to get financing until your case has been discharged or dismissed.


When did the time limit for a chapter 7 bankruptcy change from 8 years to 10 years and is a bankruptcy petitioner protected by a grandfather clause if they filed before the change?

The length of time a discharged 7 or 13 bankruptcy can remain on a credit report has always been 10 years. A dismissed chapter 13 remains for 7 years a dismissed chapter 7 remains for 10 years. Therefore, no type of clause applies because the requirement has never changed. Bankruptcy laws and credit reporting laws are two entirely different issues.


If bankruptcy has been dismissed can you file again?

If bankruptcy has been dismissed it is possible to file again. The trustee will require an explanation of why the first case was dismissed before accepting a new bankruptcy case.


Is a Chapter 7 bankruptcy considered final after the meeting of the creditors has been held?

It's final after the BK has actually been discharged.


Can a collection Agency collect a debt after a chapter 7 in Tennessee if it was accidentally omitted?

Any debt that was omitted from the Chapter 7 can be collected after the discharge of the bankruptcy. If the bankruptcy has not been discharged, you may sitll be able to add it to the list of debts. If however the stay has been lifted (the bankrutcy is discharged) then there is no protections and you are vulnerable.


Can you include your home in a bankruptcy after the bankruptcy has already been discharged?

No.


If you are in bankruptcy can you still purchase a new or used car?

If it is chapter 7 and has not been discharged then, no. If it is a chapter 13 then the bankruptcy filer would need the permissin of the trustee to make any major financial transactions.


What does it mean when someone is told that their Chapter 7 has been discharged but is awaiting closing?

That the final paperwork has yet to be completed. Not that the BK has been dismissed or there are any problems.


Can a judge accept a complaint Adversary Action after a bankruptcy has been discharged?

A bankruptcy is not discharged. Debts are discharged. An adversarial action can be filed if the case has not been closed, or if closed, reopened.


What happen if you file bankruptcy and have not been discharged and buy a car and have it finance?

If you file bankruptcy and you have not been discharged the car that you buy can be used to finance it.


Can you file for bankruptcy again after the dismissal of a Chapter 7 bankruptcy?

Bankruptcy is meant to give an honest debtor a fresh start in life. Just because your chapter 7 petition has been dismissed it does not mean that you can never file for bankruptcy protection. If your chapter 7 petition was dismissed less than a year ago, then the automatic stay that comes into operation on the filing of a bankruptcy petition will be operational only for 30 days after which it will be terminated unless you can show that your prior filing which was dismissed was filed in good faith. For an official opinion, it is advised you seek legal counsel.


If you had bankruptcy in 2004 can you file for bankruptcy again?

Some strict limitations have been set by the new bankruptcy law. Debtors will not be able to file Chapter 7 bankruptcy if they've been through a Chapter 7 within eight years of the new filing. If they want to file for Chapter 13, they will not receive a discharge within two years of a previous Chapter 13 discharge and within four years if they were discharged from a Chapter 7, 11 or 12 bankruptcy.


Are there any penalties or fines for selling your home after bankruptcy?

Not after the bankruptcy has been discharged. If the person is participating in a chapter 13 bankruptcy they must have the permission of the trustee/court to engage in any major financial transactions.


If your bankruptcy has been discharged but your house is still in your name do you still have to pay back taxes?

A bankruptcy is not discharged. Debts are discharged. Real estate taxes are a lien on the real estate and would not usually be discharged. Talk to your bankruptcy layer.