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Wait 180 days to file chapter 7 after chapter 13 is dismissed?

Olathe, KS |

We filed a Ch. 13 in MO in April 2009. We want to dismiss that case and file a Chapter 7 in KS. Have only made 1 partial payment since filing. Will we have to wait the 180 days to file a Ch. 7 since we didn't make a good effort to make the plan payments in our Ch. 13? We can't convert due to a previous Ch.13 from 2003 which was discharged. Will we have to use the lower MO exemptions and expenses allowed since we have only been in KS a short time? thank you.

Attorney Answers 1

Posted

If your 13 was dismissed with a bar to refiling, you will have to wait the 180 days, unless you bring a motion before the court seeking court approval to file before the expiration of 180 days.

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