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  1. #1

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    Mar 2012
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    Chapter 7 dismissed can I file chapter 13

    I filed chapter 7 in December. It was dismissed in DC because I was ineligible to be a debtor. Can I file for chapter 13 now or must I wait 180 day to file. Thanks

  2. #2
    Super Moderator Samaritan & Scholar
    army judge's Avatar
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    Nov 2009
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    Anyone can file any legal action.
    Will it work, is what you need to be asking.
    Can't say, don't have enough information, and don't need to know.
    Ask a BK lawyer.
    You can meet with one for free, initially to ask these kinds of questions.

    Summer has arrived!

  3. #3
    Registered User Distinguished Member

    Join Date
    Jun 2010
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    Assuming your case was dismissed based upon "abuse" under 707(b) there is no bar to filing the 13 and the automatic stay will not expire in 30 days as it normally does with repeat filers.

    If your case was dismissed due to a willful failure to obey a court order there is at least a 180 day bar to filing another case.


  4. Join Date
    May 2012
    Thanked 1 Time in 1 Post
    Quote Originally Posted by army judge View Post
    Anyone can file any legal action. . . . .
    The same might be said about dispensing legal advice in this forum.

    Apparently, “anyone can”.

    Even those so naive as would classify a petition for debtor’s relief under the United States Bankruptcy Code as a LEGAL ACTION!

    Legal action and action at law defined: “A judicial proceeding brought by one party against another; one party prosecutes another for a wrong done or for protection of a right or for prevention of a wrong.”

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