Automatic Stay

[2 many question]

I can't get a hold of the lawyer that is going to file my chapter 13 case until Monday and was wondering if any of you know anything about the automatic stay.

I filed the first time last April was dismissed for non payment and now I need to refile. I have had papers served on me from my mortgage company and they are foreclosing. I have to get this thing refiled as I am more able to do so then I was last time. There was a lot of confusion and my income dropped by more than my payment amount so there was no way that I could do it. I now am working instead of just my husband so I can refile. Anyway my question is will the automatic stay still protect me because it was more than a year since I filed last time or does the year start after you are dismissed which in my case was around March 08.

Any answers would be helpful and I may not have to stress so bad between now and Monday.

[rrockinggramma]

I think you still have to file for the extension of the atuo stay but because it wasn't immediate refiling, you might stand a better chance of court approval.

[MajorMike]

How many payments did you miss for your case to be dismissed? Did you get a warning at all first? ( just curious )

[2 many question]

I missed 3 payments. There is a lot to this story and I am too scared of getting bashed to reveal the whole thing.

I have been a stay at home mom for many years and tried to put off going back to work to raise my babies but now know that that will not be possible. I wont make a lot of money but hopefully can pull off enough to pay the trustee. My payments wont be much but they will get my tax return every year and that will total over twice of what my monthly payments will be in a year. There is nothing I can do about the taxes most of the money comes from the child tax credit as my husbands withholding are almost nothing now so we pay into federal about 1500 a year and get back over 7000.

I hope this attorney is a good one he is the attorney for well over 50% of the people that file here in our area so I just hope he doesn't try to rob me I can only pay what I can pay and have a large family and many many things in my way right now. I just want to keep my house which I really can afford if it were just caught up. Thanks for listening to me vent and I hope you all have a wonderful weekend.