I know this may be a really obvious or silly question, but is it better to let the house foreclose first, and then file chapter 7 or just let it happen all through the chapter 7 process. We filed chapter 7 over a year and half ago, but had to convert it to a chapter 13 because the mortgage company renigged on the payment agreement we had with them that allowed us to pay back the mortgage arrearage. Now, over a year into our chapter 13 payment plan, the payments are getting too unbearable. Loss of income that won't go back, new addition to our family, and constantly inflating prices of everything, have made it impossible to continue with this plan. We also have realized that we are now hanging onto a house that is not even large enough for our family, so we are going to cut our losses and start over in two years when we can buy again. I have a meeting with our attorney next week to find out if we can convert to a 7(which I don't think we can, because we converted from the initial 7 to the 13) or if we have to voluntarily dismiss and refile as a 7. We have a rental house already lined up that we are going to be just fine with for a few years, and are already packing. I know we don't have to rush out the door, but don't want to pass up a good rental and have to pay for the fuel oil for this house this winter. I also don't personally want to be around knowing the house is not ours anymore. Although, I know it is for the best and we will be better off in a few years, it is still sad, and I shed some tears last night while packing. So, any insight would be helpful. How long after a voluntary dismissal before you can refile again as a 7 and will the house possibly foreclose in that time. If it does foreclose do we just include any deficiency balance in the chapter 7. Can we possibly wait for up until possibly February to refile again so that we can use our income tax money towards new filing fees and spend down the rest on necessities, which I would rather do than lose it to the trustee. Or will we have to refile sooner than that. I don't know what kind of time frame we will have. Thanks for any insight anyone may have and for reading this lengthy post. 