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Dismissing a Chapter 13 banrupty has the same legal impact as if the case had never been file. The automatic stay is dissolved and your rights and the rights of your creditors are fully restored. If you sell off assets and them file for bankruptcy, you might have engaged in what is called a preferential transfer, also known as a voidable preference. A voidable preference is a transfer of property by an insolvent debtor to a creditor within four months of a petition for bankruptcy, depriving other creditors of their proportional recovery. The transaction can be set aside and the property returned to the bankrupt's estate.

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โˆ™ 2006-08-18 00:51:28
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Q: If you have your chapter 13 bankruptcy dismissed can you sell your house and property before filing for a chapter 7 bankruptcy?
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Related questions

Can you file chapter 7 bankruptcy before a chapter 13 has been dismissed?

No. You can only have one bankruptcy proceeding at a time. You can convert the 13 to a 7.

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

Can you file a chapter 7 bankruptcy and a chapter 13 bankruptcy?

not at the same time, and you'll have to wait a certain period of time after being dismissed/discharged from one before filing the other.

What is your liability to harassing creditors if after six years your Chapter 13 bankruptcy was dismissed by the trustee?

If your Chapter 13 was dismissed, meaning you did not complete your Plan, then you are essentially right back where you started before you filed for bankruptcy. The creditors can pursue you for the debts without any legal ramifications.

How do you get a dismissed bankrupcy discharged?

A dismissed bankruptcy cannot be discharged. Once a BK is dismissed it is no longer valid and creditors may resume collection action and/or repossession of property. The petitioner of the dismissed BK must wait the required amount of time before filing a new bankruptcy petition.

If bankruptcy has been dismissed can you file again?

If bankruptcy has been dismissed it is possible to file again. The trustee will require an explanation of why the first case was dismissed before accepting a new bankruptcy case.

Can you file a chapter 7 immediately after your chapter 13 was dismissed for nonpayment?

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.

When did the time limit for a chapter 7 bankruptcy change from 8 years to 10 years and is a bankruptcy petitioner protected by a grandfather clause if they filed before the change?

The length of time a discharged 7 or 13 bankruptcy can remain on a credit report has always been 10 years. A dismissed chapter 13 remains for 7 years a dismissed chapter 7 remains for 10 years. Therefore, no type of clause applies because the requirement has never changed. Bankruptcy laws and credit reporting laws are two entirely different issues.

Can you keep rental property in chapter 7 bankruptcy?

You may be able to keep your rental property depending on how much it is worth. You cannot have over 35,000 dollars worth of equity in a property in most states. It is best to consult with a bankruptcy attorney before you file.

What happens to the person who needs to file bankruptcy before discharged from previous bankruptcy?

The short answer is to get the case dismissed so it can be refiled.

Can you sell my home while in a chapter 13 bankrupcty and keep the profits?

You will need to obtain the consent of the Chapter 7 trustee before selling any property of the bankruptcy estate.

If you are planning to file Chapter 7 can you obtain a loan to buy a car before the filing?

You can but 1, if your financial situation is such that you're considering bankruptcy, you almost certainly won't get approved and 2, it wouldn't necessarily be forgiven or dismissed as part of the bankruptcy.

Can chapter 7 be dismissed for abuse if your house was refinanced for a large amount of over 100000 borrowed over original purchase amount three years before claiming bankruptcy?

Maybe, but unlikely...the basic Q is was it done in anticipation of bankruptcy.

What will happen where Chapter 13 bankruptcy is dismissed due to default in payments?

Many people are unable to maintain the rigid repayment plans (and strict budget) that go along with Chapter 13 bankruptcy. One option is to switch to Chapter 7 bankruptcy. This can be done (one time) without court approval, although if you ever wish to switch back to Chapter 13 then the court will be involved. Before switching I would recommend looking at the different characteristics of each type of bankruptcy.

Does income count AFTER you file chapter 7 bankruptcy?

A person's income does not count after filing chapter 7 bankruptcy. All that counts is what you had before filing bankruptcy.

Can you change a joint bank account with a parent before chapter 7 bankruptcy in ny state?

Yes you can change a joint bank account before a Chapter 7 bankruptcy. You should have your finances in order before you file a bankruptcy.

Can you request that a bankruptcy be dismissed before the confimation hearing so that you can sell your house?


Can you ask to have your Chapter 13 bankruptcy dismissed before your confirmation hearing because you want to sell your home?

You can dismiss a bankruptcy at any time. You can sell a home during a bankruptcy as well. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.

What does it mean if your bankruptcy has been dismissed?

It is dismissed when the terms of the bankruptcy have not been met. Creditors are no longer barred from seeking repayment. A complete one is called confirmed, in a dismissal everything returns to the way it was before filing.

If a chapter 13 bankruptcy was voluntarily dismissed not discharged can it be removed from your credit file?

You can't get it removed. It is a public record. If you file a bankruptcy and get it voluntarily dismissed the next day, it will still be on your credit report. Also, by the way, not paying into a Chapter 13 plan is not a voluntary dismissal. The Trustee moved to have the bankruptcy dismissed. - The easier approach would have been to actually voluntarily have it dismissed. Regarding Nate's posting, I agree that non-payment of a Chapter 13 normally results in the trustee moving to dismiss your case, which is an involuntary dismissal. I have no idea if whether a Chapter 13 is voluntarily or involuntarily dismissed affects your credit rating differently (probably not, credit reporting agencies barely seem to recognize the difference between Chapter 7's and Chapter 13's, much less the way in which any particular case is dismissed), but there can be a big difference to the debtor whether a case is involuntarily or voluntarily dismissed if a creditor has moved to get property back. Once a creditor asks the court for permission to get back some property (such as a car or home), which they do by filing a Motion for Relief from Stay, then if you voluntarily dismiss your case you are barred from re-filing a new Chapter 13 for 180 days. This 180 days may be enough time for the creditor to foreclose/repo and sell the property. Once a creditor moves to repo/foreclose in a Chapter 13, many people prefer to be involuntarily dismissed so they can re-file a new Chapter 13 immediately and get protection again before the creditor sells the collateral. Please keep in mind this is not legal advice but simply a statement of what many people do in that situation from my perspective. So, while Nate (in the posting above) said it is easier to voluntarily dismiss, that does not mean it is always better to voluntarily dismiss, depending on the circumstances.

What options do you have to protect your property from creditors when a chapter 13 bankruptcy is dismissed?

Once a 13 is dismissed creditors can pursue collection by whatever means allowed under the debtor's state laws, this usually includes lawsuits. The only viable choice for the debtor is to protect as much real and personal property as possible before a creditor has a chance to file a lawsuit. If the debtor has not been served a civil suit summons they may still legally transfer property, remove themselves from bank accounts, and so forth.

Can you file chapter 7 bankruptcy after filing chapter 13?

The U.S. Bankruptcy Code allows debtors to file for bankruptcy multiple times, but has changed the number of years you must wait between filings. Previously, a debtor could file under either Chapter 7 or 13 after a six-year waiting period. In 2005, this changed to coincide with the new rules for bankruptcy filings under Chapter 13.Chapter 13 After Chapter 7Section 1328(f) of the U.S. Bankruptcy code restricts debtors who previously filed for bankruptcy under Chapter 7 from filing under Chapter 13 for four years from the date of the Order for Relief.Chapter 13 After Chapter 13Under the same section, debtors who previously filed under Chapter 13 can again file under Chapter 13 after a mere two years from the date of the Order for Relief, although you may be required to finish payments under your reorganization plan before the judge will accept your filing.After a Dismissed Bankruptcy FilingIf you filed for bankruptcy, but the judge rejected or dismissed your filing, or you voluntarily or involuntarily withdrew from the proceedings, you may file under either chapter 180 days after the dismissal/withdrawal date.Rules for Filing Bankruptcy Multiple TimesWhile the U.S. Bankruptcy Code does not restrict the number of times a debtor may file bankruptcy, bankruptcy judges can--and do. Many judges routinely reject additional bankruptcy filings when they feel a debtor is abusing the protection or failing to honor his financial obligations to his creditors.ConversionsIf you wish to file bankruptcy under Chapter 13 because the provisions seem more appealing, you should consider converting your open Chapter 7 bankruptcy to a Chapter 13, instead.

Can you file a chapter 7 bankruptcy after a defaulted chapter 13?

You can file as many as you want however you should wait 8 to 10 years before you can file another chapter for bankruptcy.

When can you file for bankruptcy after you have did bankruptcy?

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. 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 file for chapter 7 bankruptcy after a bankruptcy default?

If have you have a prior bankruptcy default, there may be certain restrictions on future chapter 7 filing. If you have been discharged in a Chapter 12 or Chapter 13 bankruptcy by paying at least 70% of the unsecured debts, you must wait for 6 years before filing a Chapter 7. If your Chapter 7 was dismissed and you file another Chapter 7 within 1 year, then the automatic stay will terminate within 30 days unless you demonstrate that your prior Chapter 7 filing was made in good faith. You must wait for 180 days if your bankruptcy petition was dismissed for failure to comply with a court order or was dismissed on your request to be eligible to file a Chapter 7 petition once again. Legal Disclaimer: The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.