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Can you refile chapter 13 bankruptcy under the new bankruptcy law after your case was dismissed to avoid foreclosure?
Wiki User
∙ 18y ago
A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.
Wiki User
∙ 18y ago
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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
Mortgage foreclosure dismissed for want of prosecution?
The mortgage company did not go to their own court date and the foreclosure was dismissed. They will be able to refile it if it was without prejudice.
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.
If your house goes back into foreclosure after you are making payments on a chapter 13 can you file pro se to stop foreclosure?
You are leaving out important information: when was the chapter 13 ended and why did it end? If the chapter 13 has not been closed or dismissed, the mortgage should not be in foreclosure unless you missed several post-petition payments and the mortgagee got relief from the automatic stay. You cannot have two bankruptcy filings open at the same time. If the chapter 13 was ended pursuant to a section of the bankruptcy code, you may be able to refile, but you may not have the benefit of the automatic stay. Consult a local bankruptcy lawyer.
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.
While in a chapter 13 bankruptcy can you stop the bankruptcy?
Yes, and if things don't work out, you can refile.
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.
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.
How do you know if your bankruptcy was dismissed with prejudice?
If your case was dismissed with prejudice, it is because you failed to supply the needed schedules on time or you failed to do what that the court requested. The court will notify you that the case is dismissed and give instructions whether you can refile and the time line in which you can do it.
If you filed for Chapter 7 Bankruptcy 7 years ago when you were married can you refile again now that you are single?
Never
If a chapter 13 case is dismissed for failure to obtain credit counseling prior to filing how soon can you refile?
If the case was dismissed without prejudice, you can refile at almost anytime after you get the credit counseling. However, you should exercise extreme caution when refiling the bankruptcy and you should consult an attorney before doing so. Under the new laws, there are harsher restrictions on refiling bankruptcy to prevent "serial" filings. A serial filier is someone who files case after case to avoid eviction or foreclosure. Failing to file the Certificate of Credit Counseling can be sufficient grounds to find that the first bankruptcy was not filed on good faith and could result in an early termination of the automatic stay. If you refie, it may be necessary to file a motion to extend the automatic stay. Therefore, it is very important to see a qualified bankruptcy attorney about your situation.
Refile chapter 7?
How soon after filing Chapter 7 Bankruptcy, can you file either Chapter 13 or Chapter 7 Banruptcy again?
