Want to add wife to 13 plan

[beam14]

I filed in Nov 07 and it was confimred Mar 08

My wife did not file the 13 with me because she had previously filed a 7 3 years ago. We were told she can file a 13 in may which would be 4 years for her. She has about 12,000 in unsecured medical bills and she has no employment or income. She is definetly not eligible for another chapter 7 until after 7 years. The lawyer had said she can file a 13.

1. I was wondering how that would work if she has no income. I guess they would use mine buty mine is going to my own Chapter 13. If I had anything left over it would have been taken by my creditors.

2. Am I able to ammend my plan to include her and her bills on my Chapter 13 plan. It seems to make the most sense but not sure if it is possible.

3. Can I get my Chapter 13 dismissed and then refile with both of us? Would this be easy or would there be problems.

Any insight would be appreciated.

[rrockinggramma]

after reading your previous post, you might want to talk to your attorney and consider refiling. It does cause some issues with the auto stay but then you and your wife could include everything since you orginally filed.

[beam14]

How hard is it to refile? Is there a time limit?

[beam14]

Help

Without the other post becasue that might resolve itself.

Does anyone have any insight into the process or how things would work or any answers to my question.

[rrockinggramma]

I refiled twice under the old law. Each time, it took about 6 weeks for the entire process to wind down. Then I was able to refile immediately. Now your auto stay would be in place only 30 days and then your attorney has to ask for an extension of that auto stay. If the court felt that you were "dodging" mortgage foreclosure obligations etc, then it would be denied but if that wasn't your issue and you can prove it, then you should be ok, although in my state, Michigan, I see a lot of judges rule against the auto stay extension. But I don't know the reasons for their rulings. But you might be in better shape, considering budget issues, to just refile adding your wife.

[beam14]

Refile

I have no house and the only secured debt I have is 2 vehicles one with a payment of 589 and the other 489. They are included in my plan payment of 1418 a month. If it was dismissed and the auto stay was not in effect would they come take the cars or as long as I kept making the payments I would be okay until I was able to refile.

[rrockinggramma]

I also had a vehicle and enough payments had been made to stave off any action until the refiling happened. But I refiled immediately. I didn't wait.