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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.

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Q: If a chapter 13 case is dismissed for failure to obtain credit counseling prior to filing how soon can you refile?
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Related questions

How long does a dismissed chapter 13 bankruptcy stay on your credit file?

A Chapter 13, whether it is dismissed or successfully receives discharge, is on your credit report for 7 years. A chapter 7 is on your credit report for 10 years. i called equifax and a discharged chapter 13 stays on for 7 years and a dismissed chapter 13 stays on for 10 years


How do you remove a dismissed chapter thirteen bankruptcy from a credit report?

You can't. A valid entry for a dismissed chapter 13 bankruptcy will remain on a credit report for seven years from the date of dismissal.


How long will a dismissed bankruptcy stay on your credit report?

i am A Mortgage Broker The Bankruptsy Never Leaves The VCredit Report But if You Are Trying To Do Something With Your Credit Banks Go off The Discharge Date * 10 years for a dismissed chapter 7 and 7 years for a dismissed chapter 13.


How long does a dismissed ch 13 stay on a credit report?

A chapter 13 Bankruptcy, dismissed, discharged, or otherwise, stays on your credit report for 7 years from the date it was filed.


If a chapter 13 is dismissed does it still stay on your credit report for 7 years?

Yes.


How long will a dismissed chapter 13 be on your credit file?

Seven (7) years from the date of dismissal.


How long will a dismissed bankruptcy stay on your credit?

:A bankruptcy under chapter 7 or 11, or a non-discharged or dismissed chapter 13 bankruptcy generally remains on your credit file for 10 years from the date filed. A discharged chapter 13 bankruptcy generally remains on your credit file for 7 years from the date filed.


If debts are paid after bankruptcy with a post bankruptcy inheritance does the bankruptcy go away?

No once filed on file. * A dismissed or discharged chapter 7 will remain on a credit report for ten years. A dismissed or completed chapter 13 will remain on a credit report for 7 years.


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 a chapter 13 be removed 7 years after being involuntarily dismissed?

The answer is yes -- Chapter 13s are removed after 7 years in a credit file


If a chapter 7 bankruptcy was voluntarily dismissed not discharged can it be removed from your credit file?

No, it will remain for seven years.


Can bankruptcy be taken off your credit report if the bankruptcy was dismissed through the courts?

Bankruptcies are a matter of public record and this is why they appear in credit histories. A Chapter 13 listing will remain on your credit report for seven years from the filing date and a Chapter 7 will remain on the credit report for 10 years from the filing date. The credit report entry will state the bankruptcy was filed and dismissed, not discharged.