If your chapter 13 gets dismissed, can you file chapter 7?

[moorman]

im currently in a chapter 13. im current on my payments, but thinking about letting it get dismissed voluntarily. i dont have money to pay a attorney right now to convert to a chapter 7. im gonna consult with my current attorney, and if nothing can be worked out, just let it get dismissed. my question is, if i let it get dismissed, can i file for chapter 7 on the same debt when im able to pay a attorney a few months down the road? ive never filed a chapter 7 before.

[LadyInTheRed]

Yes, you can file a Chap 7 on the same debt if your chap 13 is dismissed without a discharge. I believe there are some limitations to the automatic stay if you file the second case within a year. Ask your attorney about that if you decide to allow a dismissal instead of converting.

[justbroke]

LITR is right. The detail is in what type of dismissal you received in the Chapter 13. If it was discharged with prejudice, you cannot refile until 180 days after the order dismissing the Chapter 13. If the Chapter 13 was dismissed without prejudice, you can refile immediately. In either case, you would need to do "first day motions" to extend the automatic stay as it will end automatically 30 days after filing a "serial" bankruptcy case.

It's actually cheaper to convert than to refile. (The fee to convert is only $25, where the cost to file a new Chapter 7 is $306 -- as of this date.) So, you'd save at least $281. Your concern is the attorney fees, and most attorneys are "generous" and charge $1,000 or less for a conversion. Your mileage may differ based on the complexity of your case.

As LITR wrote, find out from your attorney which is the easier route! There may be away to stop payments to the Trustee, bank the payments, use those payments for a conversion, and then convert. Your attorney would know best.