0
If someone filed chapter 13 then converted to 7 can they refile a 13 as soon as the 7 is dismissed?
Wiki User
∙ 8y ago
PROBABLY if one is in a Chapter 13 and that debtor converts to Chapter 7, that debtor can re-file another Chapter 13 immediately after the Chapter 7 discharge.
I say "probably" rather than "yes" for a few reasons: (1) There is no Bankruptcy Code section that prevents immediate filing of a Chapter 13 after a Chapter 7, but a creditor could object to the new Chapter 13 and argue that the debtor is abusing the Bankruptcy Code, an argument the Court may or may not be swayed by based on the circumstances of the case; (2) If a debtor voluntarily dismisses a Chapter 13 once a Motion for Relief from Stay has been filed in the Chapter 13 case, that debtor is automatically barred from re-filing another Chapter 13 for 180 days (see 11 U.S.C. 109(g)(2)). So, a creditor may argue that conversion to Chapter 7 is akin to voluntary dismissal and so the debtor should be barred from filing another Chapter 13 for 180 days if a Motion for Relief was filed in the prior Chapter 13 case (and I have no idea if such an argument would work for the creditor); and (3) Different districts may have different case law affecting the answer to this question, so it's probably best to consult a lawyer in your area.
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.
Wiki User
∙ 8y ago
Add your answer:
Earn +20 pts
If you filed a Chapter 13 in 1998 and converted to a Chapter 7 in 1999 in what year are you eligible to refile a Chapter 7?
6 Years from the date of filing of the Chapter 13. (Only because it was converted).
If behind on Chapter 13 payments can a dismissal be prevented or reversed if payment is made for past due amount?
It can't be reversed, but if it is dismissed without prejudice, you can refile a chapter 13 six months from the dismissal date. The best option is to meet with the trustee to discuss the problems with the schedule that the person now has to see if it can be modified.
How soon can you refile chapter 7 a second time?
This year, they made a law that you have to wait eight 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.
If the trustee wants to dismiss your Chapter 7 for bad faith due to last minute excessive spending of a tax return how long until you can refile?
You can try refiling in 180 days. Unless there are extentuating circumstances.
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 a Chapter 13 in 1998 and converted to a Chapter 7 in 1999 in what year are you eligible to refile a Chapter 7?
6 Years from the date of filing of the Chapter 13. (Only because it was converted).
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.
Your Chapter 13 case was dismissed because your income was cut and you were no longer able to pay your monthly mortgage can you file for Chapter 13 again if you have someone who will be helping you?
You may have a 6 month waiting period before you can refile.
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.
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 your ex spouse refile a contempt on you for something he had previously filed but then dismissed?
If he voluntarily dismissed his own complaint then generally, he can refile if the situation in the complaint continues. However, if he filed a complaint over a specific, one time situation and then dismissed it he may not be able to refile. You should ask to review the situation with a court advocate or your attorney.If he voluntarily dismissed his own complaint then generally, he can refile if the situation in the complaint continues. However, if he filed a complaint over a specific, one time situation and then dismissed it he may not be able to refile. You should ask to review the situation with a court advocate or your attorney.If he voluntarily dismissed his own complaint then generally, he can refile if the situation in the complaint continues. However, if he filed a complaint over a specific, one time situation and then dismissed it he may not be able to refile. You should ask to review the situation with a court advocate or your attorney.If he voluntarily dismissed his own complaint then generally, he can refile if the situation in the complaint continues. However, if he filed a complaint over a specific, one time situation and then dismissed it he may not be able to refile. You should ask to review the situation with a court advocate or your attorney.
How long does an attorney have to refile a case that has been dismissed?
Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
Do they have to serve another subpoena when they refile a case that was dismissed?
summons or subpoena, yes
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.
What does dismissed without leave mean?
Dismissal without leave mean is a legal term which mean that the suit has been completely dismissed. There is not option to refile the complaint or amend it.
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.
