Q: if you file chapter 13 and it was dismissed because unable to keep up with payments, how soon can you file chapter 7?
A: If you are eligible for Chapter 7 (have not filed a Chapter 7 in the last 8 years and received a discharge) and pass the means test requirements now, then you can file at any time. Be sure and talk to a bankruptcy attorney near you so they can go over your situation and be sure you do qualify for Chapter 7 relief. You may also have to request that the automatic stay be extended beyond 30 days in the new case if your attorney believes that is necessary under your particular financial circumstances. Hope it works out. Good Luck!
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