No. If the bankruptcy is dismissed, it ended before it was completed, very likely before discharge, although sometimes and objection to discharge is filed after something happens to make the discharge voidable by the court (trustee finds unlisted assets, for example).
A discharge is essentially a permanent restraining order prohibiting any creditor from trying to collect a debt from the debtor, unless specifically exempted (child support arrears, some taxes, student loans, etc.).
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.
The time-frame for a Chapter 7 bankruptcy case in Idaho is the same as all other states. The discharge should arrive between three and four months after filing. This assumes that no creditor nor the Trustee has filed an objection to such discharge.
They are mutually exclusive. Only one or the other.
Yes you can, he may on the other hand will not be able to receive a discharge under the same chapter for 6 years.
Both have the same negative impact on your credit.
Assuming the chapter 7 led to a discharge, you may be able to file chapter 13 immediately, but the automatic stay may not last long without a motion to extend it indefinitely. If the filing date of the 7 was 10 years ago, you should not have this problem. Not all bankruptcy courts have interpreted the statutes and regulations the same way, so consult a local bankruptcy lawyer. Bankruptcy is a federal procedure in most states, and is the same from state to state, more or loss.
Yes.
You will need to file a new Chapter 13 bankruptcy, propose a new Chapter 13 repayment palnt and demonstrated to the Court's satisfaction that you have the ability to pay the plan payments.
Bankruptcy is Federal matter. Your State is of no consequence. Under the new bankruptcy law taking effect on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
First consult a lawyer for which bankruptcy chapter you qualify for and let him/her assist you with the bankruptcy procedures as bankruptcy procedures are not the same in every case. Chapter 7 and Chapter 13 bankruptcies are the most common. For more information, visit these websites: http://howtodeclarebankruptcy.net/ and filepersonalbankruptcy.org/how-to-declare-bankruptcy/.
Yes, a Chapter 7 bankruptcy is a Chapter 7 bankruptcy. The exact details are irrelevant, it will remain on your credit report and prevent you from refiling for the same length of time either way.
You have to wait 2 years, in Tennessee anyway, between filings. = Ans == Bankruptcy is ALWAYS in a Federal Court and under Federal Laws. (Yes, some Federal Districts use the prevailing rules regarding some things in their area...like what may be personal property compared to real property, but the overall rules are universal). YOUR STATE GENERALLY MAKES NO DIFFERENCE. Bankruptcy laws were reformed in 2005 making the time limit between chapter 7 filings 8 years from the time of discharge and the time for filing a chapter 13 after a chapter 7 discharge 4 years.