HELP.....I need some advice...CHAPTER 13

[leosquest1]

Hello,
Here's my problem, I filed and received a discharge from a Chapter 7 back in Dec. 2002. I recently filed a Chapter 13 and my lawyer overlooked the fact that I had received a discharge during the last 4 years. I should have waited till after dec 26 2006 to file my Chapter 13. So of course the trustee objected, which I can understand. Now I have tried to contact my lawyer for the last 3 weeks without success, so I wrote the Bankruptcy Judge asking for him to dismiss my case,figuring I would refile in another 6 months. I didn't know what to do, since my lawyer wouldn't return any of my calls. Now my confirmation hearing is tommorrow, and I checked Pacer and nothing has happened as of yet. I want the case to be dismissed so I can refile in 6 months. What will happen if I don't attend my confirmation hearing? What is the difference between being dismissed with prejudice or without prejudice?
Any advice would be greatly appreciated!!!

[SinkingFast]

DISMISSAL WITH PREJUDICE

Case dismissed and barring the right to bring or maintain an action on the same claim.

DISMISSAL WITHOUT PREJUDICE

Case dismissed with no rights or privileges to be considered as waived or lost, such as the ability to file again.

http://www.bernsteinlaw.com/publicat...missal_without

Typically, Debtor/Filers don't attend Confirmation Hearings. There was a recent discussion of what generally happens during a Confirmation Hearing:

http://www.bankruptcyforum.com/showthread.php?t=11102

How to get your current BK dismissed without Prejudice so you can refile in 180 days is the only question that remains.

I know you can not make your payments and get your BK dismissed. Beyond that, I'm not the best person to answer Ch 13 Q's.

Maybe someone else will chime in on that subject for you.