Dismissal and filing again

[Ineedhelp2]

I would like to hear from those who had their case dismissed because of getting behind on house payments and whether they were able to successfully refile again and how that all worked.

It has taken more time than I thought since we filed six months ago to get my business up to speed and have fallen behind in both the 1st and 2nd mortgage payments. The 2nd mortgage holders agreed to give six monts to "cure" the arrearage. I'm not sure if Countrywide will do the same. If they don't, will the judge give me the time?

If my case is dismissed, can I refile immediately to prevent the sale of my home?

If that happens, do I start over with making a payment plan, etc., and do all the payments that are in arrears go back into the plan? And if there were creditors who did not file or after the bankruptcy was declared--do they have another shot at me?

Anyway, just want to know in general what usually happens in the case of being behind in mortgage payments--whether it there is usually the opportunity to "cure" the arrearage, or whether the judge could dismiss it.

And I would like any information about refiling--especially if you have had the experience.

Thank you.

[Ineedhelp2]

The first time I discussed the possibility of refiling with my attorney he said, "I won't do it."

Why would an attorney refuse?

He said the courts are much stricter than they used to be about this type of thing--that I was already way behind when I filed, etc.

I wonder if part of his job is to be scary and err on the side of caution. There were some things he told me I MUST have before seeing the trustee and before filing, and then I saw others ahead of me who were missing those things and the trustee just told them to send them in when they could.

[rrockinggramma]

The issue with refiling is going to be with your automatic stay. When the new law was passed in 2005, congress changed it so that refilers have to apply to keep the automatic stay in place after 30 days. So if you dismiss and refile with mortgage arrears, any proceedings could continue after 30 days unless the court tells them they can't. You will have to have a separate hearing on the auto stay. Perhaps you need to rethink the entire house issue and convert to a chapter 7 and let the house go. Then you could work on your business, albeit, moving to another place to live? Are you current on the trustee payments? Cause if you are, then the mortgage company will file to foreclose, but your chapter 13 would continue.

[Ineedhelp2]

I want to do whatever I can to save the house.

My business is improving and I will be in ok shape.

I don't want to convert to chapter 7 because I would lose over half my equity.

I would rather sell it if I have the time.

So far I am not dismissed. I am hoping it does not go that route, but want to know if I have the refiling option.

Some time ago one of the paralegals at the firm said something about it being a "free" stay the first time, but if refiling, I would have to show good reason why I could make it work the second time around.

But the attorney and the paralegal have not always been in agreement, so I don't know.

[rrockinggramma]

the paralegal is right. The first filing, the autostay is automatic. The refiling, you have to prove why it will work the second time around. GL

[woeisme]

If it is dismissed, I believe you must wait 180 days to refile. In that kind of timeframe, your house could be foreclosed if you don't find a way to make up the arrears and get back on track with your payments. It will really depend on whether or not your morgage company is willing to play ball with someone who just had a BK dismissed.

[HHM]

What was the original reason for filing BK 13.

If you filed BK 13 the first time to save your house, and during that chapter 13, you failed...I think you need a reality check on the wisdom of trying to keep that house.