QUESTION
If my bankruptcy was dismissed because I missed payments on my chapter 13, can I refile?
Asked on Jul 05th, 2013 on Bankruptcy - California
12 ANSWERS
You can refile, but you should be aware that a second filing will result in less protection to you from your creditors. For example, unless you persuade the court otherwise, the automatic stay will end after 30 days. I am not sure what you are thinking of with setting up a payment plan. A chapter 13 is a payment plan. The truth may be that you are not able to afford a chapter 13 and should consider another alternative.
Answered on Jul 09th, 2013 at 11:50 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends. If you are presented by a chapter 13 bankruptcy attorney - call them to get your questions answers. If you are not, then find someone who can discuss your options.
Answered on Jul 09th, 2013 at 11:50 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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Usually, you can re-file after a case was dismissed - if it was only for missed payments. Your new filing should include a plan that you can afford, however, or it's doomed to failure. Generally a Chapter 13 is preferable to a payment plan you set up with your creditors, since the creditors can't pull the plug on you once your plan is confirmed (as long as you make your payments). Subsequent filings pose a potential problem with the automatic stay, so you should not try it on your own. Use an experienced bankruptcy attorney.
Answered on Jul 09th, 2013 at 10:43 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can refile, or you can file a motion to reinstate the chapter 13. If you have an attorney on the case, you need to discuss that with him or her.
Answered on Jul 09th, 2013 at 9:41 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Yes, you can do either. Visit with an attorney regarding timelines and options.
Answered on Jul 08th, 2013 at 7:32 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Yes you can refile but the real questions are 1. Is it appropriate for you to do so? and 2. Why didn't you do a motion to modify the plan? Why default and ask for forgiveness?
Answered on Jul 08th, 2013 at 3:46 PM
Deborah F. Bowinski
You should contact your attorney. If the case has actually been dismissed it will depend upon your court and local practice whether it is possible to get it reinstated. If a motion to dismiss has been filed, but the case is not yet dismissed, it may still be possible to come to an agreement to get your plan payments caught up. If you are not able to save the case you are eligible to file again. You should work with an attorney because there may be additional motions and considerations involved when filing a second case.
Answered on Jul 08th, 2013 at 3:44 PM
Yes, you can start over and file a new Chapter 13 case.
Answered on Jul 08th, 2013 at 2:34 PM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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Generally, you can file a new Chapter 13 case, however, there are certain restrictions on that new filing. The restrictions depend on when your last case was dismissed. It is important that you use an experienced Chapter 13 Bankruptcy attorney, because refiling a Chapter 13 is a complicated process. You need to discuss your whole financial situation with the attorney to develop the best plan, and your best options. The payment plan would be in the new Chapter 13 case.
Answered on Jul 08th, 2013 at 2:13 PM
Chapter 7 Bankruptcy Attorney serving Santa Monica, CA
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Law Offices of Glenn T. Litwak
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Yes. No payment plan allowed.
Answered on Jul 08th, 2013 at 1:59 PM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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A new case could be filed. A Motion to Extend or Impose the Automatic Stay would have to be filed. In that Motion I think you would need to be able to state that the problem that led to the dismissal has been resolved. Or it may be that Chapter 7 would be more appropriate at this point. I would recommend consulting with an attorney regarding the entire situation, but yes, it is possible for some people to re-file successfully under Chapter 13 following a dismissal for non-payment.
Answered on Jul 08th, 2013 at 1:59 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Whether you can re-file depends on how your case was dismissed. If the order dismissing your case for failing to make the plan payments imposes some restriction on you, you cannot re-file unless you satisfy the restrictions or you first get an order from the Court releasing you from the restrictions. It is not uncommon for Chapter 13 debtors to miss plan payments, but there usually is a reason for it, such as an unexpected expense, unemployment, etc, and you may be able to get the Court to lift the restrictions if the reason you stopped making the payments is compelling. If you are married and only one of you or your spouse filed, perhaps the other spouse can file instead, etc... The answer is not simple and there may be more than one way for you to accomplish what you seek. The best way to approach this is to contact a specialist in Bankruptcy to explore your options. Fortunately, there are still a few specialists, like us, who do not charge for an initial consultation.
Answered on Jul 08th, 2013 at 1:56 PM