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If your car is repossessed before you refile for bankruptcy after a dismissal can you get it back?

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2015-07-15 19:21:45
2015-07-15 19:21:45

I believe there is a process called "RE-affirm" involving you and the LENDER that must be complated. You should ask your B/K attorney for case specific advice.

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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.

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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.

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Yes, and if things don't work out, you can refile.

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Under the Bankrputcy Abuse and Consumer Protection Act of 1995, an eight year period must go by before a person is allowed to file for chapter 7 bankruptcy again.

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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.

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Huh? Discharged from what...your last bankruptcy filing?

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That means that the DA does not have permission to amend or refile the complaint, it is dismissed completely.

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Yes, provided that the previous dismissal occurred no sooner than one year before the time when the 2nd case was filed. If less than one year's time has lapsed, the 2nd case is (1) subject to dismissal (upon a claim that the 2nd case was an "abusive" filing) and/or (2) the possibility that the court (or the law) will allow dissolution of the so-called "automatic" bankruptcy "stay" (meaning that, notwithstanding the pendency of the 2nd case, certain foreclosure or repossession actions can still be taken against the debtor's property). See, Code ยง 362.

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Under the new Bankruptcy laws you must now wait 8 years before filing another Chapter & or Total Bankruptcy as it is better know. You may be eligible to file if eligible a Chapter 13 to structure repayment to those creditors.

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If the Court dismissed your Chapter 13 for failure to make the plan payments, it is as if you never filed for bankruptcy. However, there is one important exception. If you refile for bankruptcy within one year of the dismissal, the automatic stay will expire within 30 days unless you file a motion to extend the stay and prove to the satisfaction of the Court that the current filing is in good faith.

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If you are facing some serious financial issues, you may consider filing for chapter 13 bankruptcy protection. If you do file keep in mind that there is no limit to the amount of times you can refile for the same protection.

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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.

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A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.

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How soon after filing Chapter 7 Bankruptcy, can you file either Chapter 13 or Chapter 7 Banruptcy again?

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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.

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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.

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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.

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If the statute of limitations has not passed, you would be able to refile. However, almost all civil lawsuits are going to be past the limit at 18 years.

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It means that you can refile the case, as long as you are still within the statue of limitations. If you are outside of the statue of limitations, you still may be able to refile if the defendant mislead you on your right to reopen while you were within the statute of limitations. If you were misled on your rights to reopen you can assert estoppel against defendant from applying the statute of limitations.

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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.

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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.


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