Legal Question in Bankruptcy in California

Ch 13 Dismissed can I file for Ch 7?

If I filed for a Ch 13 in March 2008 and it was dismissed (nothing was charged by the Trustee - everything was zeroed out). Can I file for a Ch 7 today/


Asked on 1/05/09, 1:17 pm

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Ch 13 Dismissed can I file for Ch 7?

Yes, assuming you are otherwise eligible for Chapter 7 (both budget-wise and assuming it's been more than 8 years since your last Chapter 7)

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Answered on 1/05/09, 1:39 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Ch 13 Dismissed can I file for Ch 7?

In addition to what Mr. Markus says, you will have to obtain another credit counseling certificate since it's at least 6 months since the last one.

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Answered on 1/05/09, 2:08 pm


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