Help, please!!!

[mikemamoss]

What is the name of your state?WA

I am anticipating our chapter 7 will be dismissed and we will have the choice of going a 13 or taking the dismissal. My question is, I know that you have to wait 180 days to refile a chapter 7 that has been dismissed, however, is that 180 days from the date of the first chapter 7 filing or 180 days after the dismissal? Also, if we go with the chapter 13, and I become unemployed, will that most likely be dismissed also? One other question, reason for possible 7 dismissal in the first place is I worked a lot of non manditory overtime, I do not wish to work that anymore, will the chapter 13 be based on the income that I had when filing the chapter 7 or on what my income is currently, thank you for you help. How soon after a dismissal can I expect the creditors to be back on me...?

 

[azgrandpa]

How soon after a dismissal can I expect the creditors to be back on me...?

***SOON! Most likely within 30 days.

My question is, I know that you have to wait 180 days to refile a chapter 7 that has been dismissed, however, is that 180 days from the date of the first chapter 7 filing or 180 days after the dismissal?

***Nolo book on BK7 says, "You cannot file for Chapter 7 bankruptcy if your previous Chapter 7 or Chapter 13 case was dismissed within the past 180 days." I read it to mean from time of dismissal.

Also, if we go with the chapter 13, and I become unemployed, will that most likely be dismissed also?

***Dismissal is pretty much assured if "unemployed" means no income, therefore, missed payments! It would depend on how "forgiving" the Bankruptcy court is in your district. The trustee might try to determine if your re-employment is imminent and let you slide for a month!

One other question, reason for possible 7 dismissal in the first place is I worked a lot of non manditory overtime, I do not wish to work that anymore, will the chapter 13 be based on the income that I had when filing the chapter 7 or on what my income is currently, thank you for you help.

***You could file a correction to your income schedule; removing that overtime income, BUT, the trustee might see that as you being uncooperative with the court and creditors and dismiss your case! Especially, if your work history shows that you have been working this overtime for quite some time and suddenly, you stop!