How Long after a Chapter 13 Dismissal Can I File Again?
- After you have filed a petition to claim bankruptcy, you are required to file a payment plan 15 days after the petition is filed. A payment plan is required by the court for approval. The payment plan must include all your creditors, except for student loans, back child support, alimony payments or back taxes. Thirty days after the bankruptcy is filed, you must make the planned payments to the creditors listed under the payment plan even if the court has not approved the payment plan. The court decides whether the payment plan is feasible and is practical for all parties involved 45 days after the bankruptcy was filed.
- A dismissal is issued when you, the debtor do not pay the court appointed fees. If during the bankruptcy filing process you do not make the payments outlined in the payment plan to your creditors, even if the payment plan has not been approved, a judge may issue a dismissal of your case. Your case may also be dismissed if it is found that you willingly did not list all creditors to be paid in your payment plan. If you forgot to list a creditor under your plan, you may submit another plan that includes the missed creditor either before the case is confirmed or after confirmation. The court may also dismiss a case if you do not pay any domestic payments such as, child support or alimony after you have filed a bankruptcy during the proceedings. A dismissal of a Chapter 13 case can be changed to a Chapter 7 bankruptcy case if the court finds the debtor is able to pay the creditors by liquidating their assets, such as personal possessions like a car, house, jewelry or furniture.
- You can re-file for a Chapter 13 bankruptcy dismissal 180 days after the dismissal was issued. You cannot file for a Chapter 7 bankruptcy after a Chapter 13 dismissal before the 180 days unless it is done right away by a judge if it is found that liquidating your assets will pay off your creditors.
- If you cannot make your payments because of circumstances outside of your control, such as injury that prevents you from working or loss of employment before the confirmation of the bankruptcy, you may file for a hardship discharge. Filing the appropriate paperwork due to hardship may avoid dismissal of your case if you are eligible for hardship.