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If you forget to include certain items in your bankruptcy case can you refile or are you stuck?
Wiki User
∙ 16y ago
Generally, if you forgot to put items in a Chapter 13 case or a Chapter 7 ASSET case, then you are stuck if you fail to add those creditors before the case closes. If you forgot to put items in a Chapter 7 NO ASSET case, then you can usually file a Motion to Reopen the case (for which the court charges a $260 fee as of 5/12/07) and then you file an Amended Schedule F (or D or E as is applicable) and add the creditor (for which the court charges a fee of $26 as of 5/12/07). You also have to pay attorneys fees for the attorney who does this for you. To add a debt to an old bankruptcy case, the debt must have been incurred before the case was originally filed unless it was a Chapter 13 converted to Chapter 7, in which case the debt must have been incurred before the case was converted to Chapter 7. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks! tooo bad tooo bad
Wiki User
∙ 16y ago
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Can you refile bankruptcy if its still active?
no
While in a chapter 13 bankruptcy can you stop the bankruptcy?
Yes, and if things don't work out, you can refile.
Can you refile bankrutpcy after receiving a discharge?
Huh? Discharged from what...your last bankruptcy filing?
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 for Chapter 7 Bankruptcy 7 years ago when you were married can you refile again now that you are single?
Never
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.
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.
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.
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.
What if you filed bankruptcy can you change your mind?
Under some circumstances the court will allow you to stop your bankruptcy if you can prove it will not cause harm to your creditors. File a motion to dismiss your case. Some courts will not allow you refile within a certain amount of time after changing your mind.
What if the court dismissis your bankruptcy?
While it's possible you can refile (correct or amend whatever the problem was)...for at least while it is dismissed, you no longer have the protection of the Court from creditors and you can expect they will pursue collection vigorously.
Can you refile for bankruptcy as an individual after dismissing a joint petition?
Possibly. If there were no creditors complaining, (Motion for Relief from stay) then you should have no problems. Note though that you may have issues getting the first bankruptcy dismissed. Also, you may be better off letting the bankruptcy continue as a joint peition just to save the headache of refiling. Debts are discharged either way.
