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I filed a Chap.13 with my now ex-husband in 2008 but it was dismissed later that year for nonpayment. Can I now file a Chapter 7

Chicago, IL |

We tried the 13 to save the house but couldn't make that payment either (big mistake). It was dismissed in 2008 and I'm wondering if I can now file a Chapter 7 for my individual debt.

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Attorney answers 6


If your Chapter 13 was dismissed without a discharge and you haven't filed any other bankruptcy cases since then in which you received a discharge, you would be eligible for relief under Chapter 7. However, you still need to meet with an attorney to determine if you actually qualify for Chapter 7.

First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

Diane L Gruber

Diane L Gruber


You have to qualify both under the means test AND have no "excess income" on Sch.I & Sch. J. Discuss with BK attorney.


The fact that you filed a Bankruptcy in 2008 which was dismissed will not prevent you filing a Chapter 7. You still have to meet the means test to determine that your are eligible.

The answer given is for informational purposes only and does not constitute legal advice. Dwight Bowen is a bankruptcy and consumer attorney and may be contacted at (404) 880-3310.


If you qualify for chapter 7 discharge then yes you may now file for chapter 7 relief. Though the original chapter 13 case failed to prevent foreclosure, I hope at least it bought you some more time.

I am not YOUR lawyer. Don't rely on answers to questions as legal advice. For legal advice contact a Bankruptcy Attorney for a consultation. Tokarska Law Center is a Federal Debt Relief Agency representing individuals and businesses in filing for bankrutpcy protection under the U.S. Bankrutpcy Code. Kathryn U. Tokarska is a San Diego Bankruptcy Attorney, owner of Tokarska Law Center, 185 West F Street #100, San Diego, CA 92101, (619) 285-1992


Provided you can qualify for a Chapter 7 (i.e. Means Test), then you will be able to file for a Chapter 7 and get a discharge. It is strongly recommended you work with an experienced attorney and let them know the circumstances with your former Chapter 13 case.


So long as you qualify, based on the Means Test, your prior filing and subsequent dismissal of a Chapter 13 in 2008 will not bar you from filing a new bankruptcy case now.


The Chapter 13 that was dismissed in 2008 won't prevent you from filing a Chapter 7 Bankruptcy. You need to speak with a Bankruptcy Attorney to be sure that you qualify for a Chapter 7 Bankruptcy now, and what your best options would be.

Daniel J. Winter

Any advice given is general in nature and cannot be relied upon until the client retains the attorney after a full interview and review of the facts of the situation. No attorney-client relationship exists until a retainer agreement is signed and fees are paid.

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