QUESTION
I filed chapter 13 bankruptcy in 2011 and was dismissed in 2012, can I file now to keep from losing my home?
Asked on Feb 27th, 2013 on Bankruptcy - Colorado
12 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
at
Law Office of Susan G. Taylor
Update Your Profile
Repetitive Chapter 13's merely to remove a home from the foreclosure docket are discouraged, but you can do it unless your prior dismissal order prohibits filing another case within a certain period of time.
Answered on Mar 01st, 2013 at 11:35 PM
The circumstances of the prior dismissal can be critical in answering this question. If the dismissal was within the past 180 days and for any of the reasons set forth in Code section 109(g), you would not be eligible for Chapter 13 relief until the 180 day period has passed. If section 109(g) does not apply to you, you should be able to file Chapter 13 again.However, if the prior case was dismissed within the last 12 months you must bring on a motion, immediately after filing, seeking to extend the automatic stay beyond the authorized 30 day period. In such a motion you must establish that the current case was filed in "good faith", which is best illustrated by showing a change in your circumstances from the prior filing demonstrating that the new case has a reasonable chance to succeed. If the automatic stay is not extended beyond the 30 day period after filing, the new Chapter 13 case will probably not accomplish your goals.
Answered on Feb 28th, 2013 at 11:36 AM
Litigation Attorney serving San Antonio, TX
at
Graves Law Firm
Update Your Profile
Unless there's something you haven't mentioned, there's no reason why you can't re-file. See a bankruptcy lawyer.
Answered on Feb 28th, 2013 at 11:36 AM
Bankruptcy Attorney serving Overland Park, KS
at
Wellman Law LLC
Update Your Profile
If your case was not dismissed WITH prejudice (which would be rare and likely due to some type of non-disclosure or fraud), then yes a case could be filed. A Motion to Extend the Automatic Stay would have to be filed explaining the situation though. Other questions remain as well, such as whether a feasible plan can be filed now.
Answered on Feb 27th, 2013 at 11:25 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
at
Gregory J. Wald
Update Your Profile
You may be able to re-file under Chapter 13, since you didn't receive a discharge in the previous case. However, if you voluntarily dismissed your case following a motion for relief from the automatic stay by the mortgage company, you may need to wait until six months after the dismissal to re-file your case.
Answered on Feb 27th, 2013 at 9:51 PM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
Update Your Profile
Yes, but it is best to hire a very competent chapter 13 attorney. Chapter 13 Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Feb 27th, 2013 at 9:46 PM
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
Yes.
Answered on Feb 27th, 2013 at 9:44 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
In NJ, it would depend on why it was dismissed.
Answered on Feb 27th, 2013 at 9:41 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
at
Love and Dillenbeck Law
Update Your Profile
Your old case will not stop you from filing a new one.
Answered on Feb 27th, 2013 at 9:40 PM
Bankruptcy Attorney serving Columbus, OH
at
The Needleman Law Office
Update Your Profile
Yes you can re-file if you can explain why the dismissal won't happen in your new case. A Motion to Extend the Stay may need to be filed if the other filing was within 1 year. That is usually not an issue as that Motion will explain to the Judge what went wrong in the first case and your change of circumstance in the new case that will make it succeed.
Answered on Feb 27th, 2013 at 9:06 PM
Bankruptcy Attorney serving Walnut Creek, CA
at
Alan E. Ramos Law Offices
Update Your Profile
You can refile your Chapter 13, unless the court issued a bar to refilling. If you do refile, you must file a motion (request) to extend the automatic stay. This request must be heard by the judge within the first 30 days after filing your petition. If you do not file this request, the automatic stay will expire 30 days after filing.
Answered on Feb 27th, 2013 at 9:05 PM
Deborah F. Bowinski
Yes, you can file another chapter 13 case. Depending upon when your last case was dismissed it may be necessary for you to also file a Motion to Extend the Automatic Stay beyond the first 30 days. You should consult with and retain an experienced chapter 13 attorney to assist you. Chapter 13 cases are quite complicated and there are many ways things can go wrong for the unwary.
Answered on Feb 27th, 2013 at 9:04 PM