Yes, but you need to find out if there is a 180 day filing bar. (Yes automatically if there was a Motion for Relief from Stay).
If the case was dismissed without the filing bar and without prejudice, then you can refile immediately.
So long as you are eligible for a Chapter 7 discharge and the bankruptcy court did not specifically order you not to refile a new bankruptcy, you should be able to file a new Chapter 7 right away. Because of the recent changes in the law, plese consult with a bankruptcy attorney before making any decisions.
Yes. A lot of debtors have trouble staying with the strict budget guidelines given to them in a chapter 13 bankruptcy. For that reason you can file for chapter 7 one time after a failed attempt at a Chapter 13. I would look into the differences between the two as it may be larger than meets the eye.
Yes, but it's sketchy. Each jurisdiction handles it slightly differently.
You'll have to ask for the Court to continue/reinstate the stay. The automatic stay is only good for 30 days on a subsequent filing after dismissal of a Chapter 13 case in the year prior.
You should probably make sure that the case is filed in good faith (that your new Plan has a chance to succeed) and that there was a reason why the 1st filing didn't work out.
If you filed by yourself the 1st time, hiring a lawyer the 2nd time is a good move. It gives the new filing more credibility, which can be helpful.
This is not legal advice. It is general information. Consult an attorney in your jurisdiction for advice specific to your case.
Henry Paloci
Member CA Bar and FL Bar
http://cleanstartbankruptcy.com
Yes. There is no time limit for filing a Chapter 13. Due to changes in bankruptcy statutes, undoubtly more consumer's will have to file a 13.
No. You can only have one bankruptcy proceeding at a time. You can convert the 13 to a 7.
Yes, Chapter 13s are filed to try to help individuals from losing their houses.
Yes you can save your home from foreclosure. This is a primary reason people file for a Chapter 13 Bankruptcy, the automatic stay can stop a foreclosure as long as it's filed before the sale takes place.
You can file either Chapter 7 or Chapter 13 as a homeowner. If you are trying to save the home from foreclosure, then Chapter 13 would be the proper chapter.
No. You still have to pay the mortgage.
What happens if you have paid all fees for a chapter 7 bankruptcy and your trustee tells you to turn over your income tax check and you don't because you are laid off and you are using the income tax check to pay bills and medical expenses and the trustee has threaten to revoke your bankruptcy due to non payment of your income tax check
Yes, you need to reconfirm the home loan with the company that provides your mortgage and any secondary loans on the home. Your bankruptcy lawyer will ask you about that and take care of it.
you can save it when you finish a chapter
Hello guys! I was wondering is there a way to beat chapter 3 level 8 in Save The Pencil? I like Save The Pencil and I've been playing it for a while, but now I can't figure out how to beat Save The Pencil chapter 3 level 8? Any ideas on how to finish chapter 3 level 8 in Save The Pencil would be greatly appreicated!
don't manually save at the beginning of the chapter that you want to replay
probably none.
You can dismiss a chapter 13 at anytime for any reason under the bankruptcy rules. Bear in mind that there may be reasons why you filed the chapter 13 in the first place. For example to save a house that was in foreclosure or because you filed a chaptert 7 previously and were not eligible to file another one. So if you need to stay in the chapter 13 amd your wage situation is just temporary, you might be able to suspend or halt the trustee payments for anywhere from one to four months. Check with your attorney or trustee on how to do this. Additionally, if you are otherwise eligible, you may just want to convert your chapter 13 to a chapter 7 bankruptcy and receive your discharge now. So, depending on your needs and circumstances, you can dismiss your case, suspend the payment or convert it.
No one will save your home, except you. The Government least of all is capable of helping you save your home; no matter who is President.