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Ques about Refiling Chapter 13 After Dismissal

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    Ques about Refiling Chapter 13 After Dismissal

    I had my Ch 13 dismissed after I paid all payments (48 months) for increase in wages and not submitting tax return forms on time. Previous to this I filed Ch 13 before and paid 12 payments before this at a much higher payment (4x) before we refiled for the 2nd time. How much of these combined 60 payments will be credited to what I owe my creditors? I believe I sent in total of 55K between both filings of Ch 13. How much went to fees and trustee? I originally filed for Ch 7 and was denied. If I file again this will be my 3rd time how does the court look into multiple filings?

    #2
    The funds that were paid to creditors in your two failed Chapter 13s will be applied to those accounts as each creditor sees fit and most likely in a way that is beneficial to the creditor, not you. There is absolutely no way to tell how much is still owed unless you contact each creditor and ask. If you do not contact each creditor it will be up to you to guess at the amount owed and then wait to see who files a claim in your third case. In each failed case, you should have gotten the Trustee's final accounting that tells who got what. Use it to assist you in estimating what remains owed - just remember, interest was and is accruing on all debt.

    Forgot to mention - you will be deemed a "serial filer" however, unless there was a court order denying you the ability to file a 3rd time you should be ok. Just remember, if you file within one year of the dismissal of a prior case you must ask the court to extend the protection of the automatic stay beyond the first 30 days of your case. Make sure your attny files the appropriate Motion to extend the protection of the stay. (I am not going to discuss the impact of filing after two dismissals in one year since it appears you are only dealing with one dismissal in the past year.)

    Des.

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      #3
      After much stress we filed for 100% payment plan because my income has been increasing and the amount of repayment can be done in 2 years. I extended it to 3 for some cushion.

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        #4
        Thank you for the update. From another post you did I see that you are near the end of the Plan and set to get your discharge. Congratulations on a job well done.

        Question. . . did all creditors file claims? If not, how many did not and what amount did you not have to pay as a result?

        Des.

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          #5
          Originally posted by despritfreya View Post
          Thank you for the update. From another post you did I see that you are near the end of the Plan and set to get your discharge. Congratulations on a job well done.

          Question. . . did all creditors file claims? If not, how many did not and what amount did you not have to pay as a result?

          Des.
          Sorry was inactive for some time on this forum.

          Update if you haven't garnered from my other posts is my CU added more than more than doubled the original estimate I only found out when I asked for an audit at the end believing I would get a refund for excess funds sent. Instead I found out I had to pay like 150% more of the estimate going forward.
          I believe some creditors dropped off but not clear on how much less I had to pay because this creditor inflated the amount.
          I got caught up in life's other pursuits and kind of ignored (but paid) this BK for peace of mind.
          One thing for sure any advantages I thought I would get by filing for bankruptcy I have lost through the multiple filings. I HAVE learned some valuable lessons.

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