Refiling chapter 13 bankruptcy
Hello, i filed chapter 7 bankruptcy then i converted to a chapter 13 bankruptcy in 2008. I have a great plan but my job has cut back and it is hard to keep up with my secured creditors outside the plan. My husband did not file with me and now we are both behind in paying creditors. I go to court next month and i feel my case will be dismissed but i can not catch up with my lawyer to ask any questions. If my case is dismissed for non payment would i be able to refile again? My husband and i have thought about doing it together this time and i didn'nt know if we could seeing that i have filed before and got dismissed. We feel that we should have filed together the first time but that is water under the bridge. Right know we have 4 months in arreages on our home that was included in my chapt. 13 plan to pay back. Would the courts allow my husband and i to file together this time and would it be a great big problem.
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as long as your reason is valid for refiling then it shouldn't be a problem. where people run into trouble is when the court suspects you are filing and dismissing to avoid foreclosure and other creditors. Then they bar you from filing for 180 days. The only issue with refiling is that the auto stay disappears after 30 days and you have to motion the court to have them rule on it staying in effect. Your mortgage company could object to the auto stay because you have defaulted already on your plan but a compromise can probably be worked out. Losing work hours or work altogether should be a valid enough reason to dismiss and refile. -
THANKS rrockinggramma,i feel better just hearing your answer and will keep looking up and mayby i can get through this.Comment
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