Filing chapter 7 after chapter 13 dismissed?

[Critter_79]

I have a question for a friend. I filed chapter 7 so I don't really know much about 13. My friend B and her husband filed for Ch13 because he owed back taxes and they couldn't file 7 with those. Well they had been making their payments on time and she got sick and was put into the hospital so they got behind on the payment. Her husband went to court yesterday to try and keep it from getting dismissed (they are about 2 months behind now) and the judge dismissed their case and told him he should look into filing ch7. So now she is thinking about filing ch7 for herself since she has a lot of cc debt in her name and him filing ch 13 but I thought you had to wait a year before refiling. Do you?

[lrprn]

This is a complex question under these circumstances and needs the input of a good bankruptcy lawyer. What does their Ch 13 lawyer say? Did your friend contact the trustee or their lawyer when the wife became ill and they knew they would be missing payments?

[Interlaw]

I have a question for a friend. I filed chapter 7 so I don't really know much about 13. My friend B and her husband filed for Ch13 because he owed back taxes and they couldn't file 7 with those. Well they had been making their payments on time and she got sick and was put into the hospital so they got behind on the payment. Her husband went to court yesterday to try and keep it from getting dismissed (they are about 2 months behind now) and the judge dismissed their case and told him he should look into filing ch7. So now she is thinking about filing ch7 for herself since she has a lot of cc debt in her name and him filing ch 13 but I thought you had to wait a year before refiling. Do you?

If the case is dismissed under these circumstances, there generally is nothing preventing you from refiling immediately.

One suggestion I usually make in such circumstances is to file a Motion for Hardship Discharge. So long as the creditors do as well as they would under a Chapter 7, it saves time and money.

Brett Weiss
[email protected]

https://www.brettweiss.com/bankruptcy

Maryland, DC and Federal bars
Member, National Association of Consumer Bankruptcy Attorneys

--> Read our Bankruptcy FAQ at www.brettweiss.com/bankruptcy/FAQ/br_faq.htmwww.brettweiss.com/faq/br_faq.htm.

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It isn't meant to be legal advice and you shouldn't treat it as
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