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When can we re-file ?

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    When can we re-file ?

    My husband and I did a ch 13 in 2005 to save our house from fore closer.Because of the economics the way they are we could not afford the payments any longer. After speaking with our lawyer he advised us to voluntarily dismiss our case and said to file ch 7 for the un-secured debt. Do we have to wait any length of time to do that ?

    #2
    since you did not receive a discharge in your chapter 13, then you are free to file a chapter 7. But I am curious why you didn't just convert the chapter 13 to a chapter 7?

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      #3
      Thank you for your response.I didn't know at the time that we decided to dismiss that we could convert. I was calling around to find a new lawyer to do a ch. 7 (didn't like the one we had) and that was when I found out that we could have converted. When I contacted our lawyer he said that he nor his firm handled conversions and it was already to late because he already filed for a dismissal. So now we are stuck dishing out more money and time that our lawyer could have done easily and cheaper.

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        #4
        Originally posted by jkejakesmom View Post
        Thank you for your response.I didn't know at the time that we decided to dismiss that we could convert. I was calling around to find a new lawyer to do a ch. 7 (didn't like the one we had) and that was when I found out that we could have converted. When I contacted our lawyer he said that he nor his firm handled conversions and it was already to late because he already filed for a dismissal. So now we are stuck dishing out more money and time that our lawyer could have done easily and cheaper.
        No, not really easily or definitely not cheaply. It is beyond the realm of his contract. So since you do not like him, you would be well served to get a new one as more than likely, it would cost you as much or less than keeping this one on for a conversion. He seems to be a bk mill pushing 'em through. He wants no troubles just output and of course "inflow". You did well. Get a new lawyer. Read all the "stickies" on the C7 forum. You will become educated well. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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