Question about re-filing

[Startinglife]

Okay I need advice please. My chapter 13 got dismissed because I was not able to make anymore plan payments. The order that cam from the bankruptcy court said that I can not re-file for 1 year.

My question is this...can I re-file jointly with my husband? Because the first time was only a chapter 13 by myself, my husband was not included.


Thanks in advance for any help...I really mean that.

[newbie2]

I would doubt you could file a joint petition since the court stated you couldn't file for a year, however ask your attorney. Much of what goes on doesn't make clear sense to me :-)

[michaela]

I was in your situation multiple times. Your husband can file. The question is whos name is on the mortgage if its just yours it wont protect you from forclosure. If both your names or just his name is on it you will be fine.

[despritfreya]

There has to be a reason why you were barred from re-filing for 1 year as, when a case is dismissed, unless there was some "bad act" by a debtor, the dismissal is without prejudice (and only subject to the refiling limits under Section 109). Why is there a 1 year bar?

As to your question, if you attempt to re-file as a Chapter 13 under the guise of a joint case you may be subject to sanctions as, it appears that you will be in direct defiance of a Court Order. What happen to you converting to a 7?

Des.