How can I keep my home if I have been in a chapter 13 bankruptcy?

Depending on the status of your last Chapter 13 filing, you MAY be able to re-file if: 1) the appropriate time has passed which depends on the status of the last filing; and 2) can you afford an attorney, and, more importantly, can you afford to make payments on a plan? You might also want to try some sort of foreclosure intervention and/or a modification of your existing home loan.

If your case was dismissed for failure to pay your plan payments, and if you did not have an attorney you *might* be able to file another case in order to catch up on your mortgage payments. Im not sure what you mean by filing a quit claim against your lender. If you mean that you might grant the lender a deed in lieu of foreclosure, that certainly is an option, but you should have a good understanding of what that means specifically, that you are giving them the deed to your house, rather than forcing them to foreclose on the mortgage. You *might* also have some tax consequences.

How many months are you in arrears? You could refile the chapter 13 or file a chapter 7 if you qualify.

You certainly can file another chapter 13 bankruptcy. If you now have good income coming in, this would be an advisable next step for you to take in order to save your house.

You may refile a Chapter 13 if we can now show that you have enough income to afford you mortgage and Chapter 13 payment.

Your post makes no sense whatsoever. And you MUST see a lawyer. If you have no money it is pretty certain you will not have a way to keep a home. There is no such thing as a quitclaim against your lender.

I think you are saying that your Chapter 13 case was dismissed because lack of income but now you have income and can afford to hire an attorney. Then you really need to make an appointment with an experienced bankruptcy attorney that can help you file the new case right away. You might have to file a motion to extend the stay if your last case was filed less than a year ago. You might be able to include in the plan that you are doing a loan modification and try to defer payment of the mortgage arrearage while that process is pending. That is permitted in the San Francisco Bay Area bankruptcy court divisions but you don't mention where you live. You will have to start making mortgage payments and apply for a modification. If you already have a modification then you will have to pay the mortgage arrearage in the Chapter 13 plan. You cannot quitclaim against the lender. Quitclaiming means giving up title to your home and it does not sound like you want to give up the title to your home. Furthermore, a quitclaim has to be accepted by the person or company to whom you are quitclaiming and the lender will not accept a quitclaim. Sometimes they accept a deed in lieu of foreclosure but with lots of conditions and that is when people want to give up the property. It sounds like you want to keep the house so quitclaiming or deed in lieu of foreclosure is not what you need. You need a loan modification with payments you can afford and you need to stop the bank from foreclosing while you try to get the modification. If the bank is not yet foreclosing, then you might have time to submit the loan modification application and have the bank consider it. If denied, then back to paying the arrears in a Chapter 13 plan over up to 5 years. If this is too confusing, that is why you need to go see a lawyer right away. Most of the attorneys' fees in a Chapter 13 case are paid in the plan as part of the plan payments and Chapter 13 cases without a lawyer almost always fail and end up being dismissed. Take a look at the Chapter 13 Trustee's calendar and you will see "dismissed" over and over written where the person filing did not have an attorney (those are called "pro se" cases). Good luck.

You may qualify to re-file under Chapter 13. There will be some limitations based on your previous filing and how your case was closed, but as long as you can show your ability to afford your new plan, then your plan has a chance of being confirmed.

If your financial capacity has changed because you have a new job, you may be able to file another Chapter 13 plan to retain your home.