Q: If i have my ch 13 dismissed before my dec hearing can i file a chapter 7 in march of 2013 if i filed ch7 in march of 05
A: From your last discharge, you must wait eight (8) years to file a chapter seven (7), or four (4) years to do a chapter 13, as receive an other discharge. If for some reason you need the benefit of a Stay, such as to stop a foreclosure, you can proceed with a 13, reap the benefits of the Plan, but you will not receive an other discharge. If the case was dismissed without a discharge but with prejudice, you must wait six (6) months from the dismissal before refiling, alternatively you must motion the court to shorten the prejudice period.
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