QUESTION
My chapter 13 was dismissed for non-payment. Can I refile?
Asked on Jul 05th, 2013 on Bankruptcy - Idaho
8 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Perhaps, but it might be better to reopen. If you have an attorney - talk to them. Otherwise please understand that bankruptcy is a very complicated process.
Answered on Jul 09th, 2013 at 9:02 PM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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Generally, yes, you can re-file. But, there are restrictions on the amount of protection you can get. The restrictions depend on when your last case was dismissed, and when you re-file the case. You would need to prove that something changed, and you can now afford to make the payments. It is extremely important that you contact an experienced bankruptcy attorney to help you, because if it is not done right, the case will fail and you won't be protected.
Answered on Jul 09th, 2013 at 9:02 PM
Yes, but there will be repercussions to a second filing.
Answered on Jul 09th, 2013 at 9:01 PM
Deborah F. Bowinski
Ya, but you will also have to file a motion to Extend the Automatic Stay. You should contact your attorney or, if you prefer, find a new attorney to work with.
Answered on Jul 09th, 2013 at 11:12 AM
That would depend on the dismissal order from the court. If there was no bar placed on the dismissal, for refilling, then you could file again.
Answered on Jul 09th, 2013 at 9:40 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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In New Jersey, yes you can, but it will be difficult. There will have to be a Motion filed with the case to impose the stay, and be able to grant you a discharge.
Answered on Jul 09th, 2013 at 9:40 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You would have to get the payments current an file a motion to reinstate the chapter 13. Or you can refile the case.
Answered on Jul 09th, 2013 at 9:40 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Yes, but there are some issues to resolve depending on how quickly you want to refile. Visit with your attorney.
Answered on Jul 09th, 2013 at 9:39 AM