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
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Chapter 7 dismissed can I file chapter 13
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03-20-2012, 01:21 PM #1Registered User
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Chapter 7 dismissed can I file chapter 13
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03-20-2012, 04:00 PM #2Super Moderator Samaritan & Scholar
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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.I offer useless
information. You should seek legal 
advice ONLY from YOUR lawyer!
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03-20-2012, 09:25 PM #3Registered User Distinguished Member
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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.
Des.
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05-18-2012, 05:57 PM #4Banned Member
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The same might be said about dispensing legal advice in this forum.
Originally Posted by army judge
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!
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