Question for a coworker

[Nicollette]

A lady that I work with was told today by a paralegal that she has to wait 2 more years before she can file a BK due to her previous BK. She filed a Ch 13 in Sept of 2007, but it was never confirmed, due to missing the first BK payment. It was "dismissed" in Dec 2007. Since it was "dismissed" and not "discharged, would she be able to file Ch 7 now?

[justbroke]

A lady that I work with was told today by a paralegal that she has to wait 2 more years before she can file a BK due to her previous BK. She filed a Ch 13 in Sept of 2007, but it was never confirmed, due to missing the first BK payment. It was "dismissed" in Dec 2007. Since it was "dismissed" and not "discharged, would she be able to file Ch 7 now?

She can file immediately! Since it was not discharged, she is not barred from filing by the part of the BK Code which states "received a discharge".

In any event, she will probably need to file a first day motion to continue the automatic stay. Other than that, I don't see any issue at all with filing.

[Nicollette]

Thanks Justbroke!! I had asked her if maybe the paralegal misunderstood her and thought she meant "discharged" instead of "dismissed?" She said she kept telling her "dismissed." I guess the paralegal still kept telling her that there has to be 4 years between a 13 and a 7, even though it was "dismissed" in December 2007. I told my coworker that she needs to go to more consultations with other attoneys' offices and see what they tell her. She was ready to give up and wait two more years.