Can you refile if you get dismissed?

[klux]

Has anyone had to voluntarily dismiss thier Chapter 13 before? It wouldn't get dismissed from the trustee because it automatically comes out of our paycheck, it gets paid even before our mortgage. Would I be able to refile right away? What would the ramificaitons be (sp?)? I'm trying to get answers from my attorney but I've been waiting for 3 weeks for an answer and haven't heard back yet.

I fell behind on our mortgage (just one month), not that big of a deal, I can catch it up but our truck's engine blew. It has over 150,000 miles and is 10 years old. I asked the attorney if we could just modify our plan and surrender this and she said that we could surrender it but that we still would have to pay the secured claim on it and not be able to modify our plan. Doesn't make sense to me. That is why I am inquiring about the dismissing and refiling.

[chicklet]

Hi,
I have an appointment this afternoon myself about the same thing.. Im going to check into dismissing and refiling. because my situation has changed a lot since first filing, and I think I would be better off right now not paying the BK. FOr your info, i have found on here and internet that,,
yes you can dismiss and refile but you must wait 6 months.. (generally will take that long until creditors start reappearing) is what I read.
But if you dont do anything and not make payment and let the Trustee dismiss then you can refile anytime after.
I dont know if true or what is best , I have also read where some people are 3 payments behind and nothings happened yet.. im not even behind yet but am thinking of throwing it down and starting over later after I get some bearing on my other life. house and stuff.

[klux]

I also found something that kind of agrees with what you are saying. It says "Bankruptcy Code provides that if you voluntarily dismiss your case after a motion for relief from the
automatic stay has been filed, you will be ineligible to file another bankruptcy case for 180 days after entry of the dismissal order." My first mortgage modified my loan last year and in return I agreed for them to have the relief from stay lifted. I wonder if that could be an exception or not.

My worry would be losing two secured vehicles that are being paid through the plan if I have to wait 6 months to refile. The way the trustee paid the creditors shows me behind on one car loan.

Let us know how your appt. goes. ARe you going to a new attorney or the same one?

[chicklet]

Yes Im going to my same BK atty.. I usually allready know what to expect when I get there from the internet info. Hes going to tell me to stay in it and hell file a petition for a way to let me slide on this since it was temporary.. but my car was totaled and paid off out of the plan, so now my new car is mine on the side. So I dont need to be concerned where you would. I will tell you this. Because of some not normal circumstances that happened to me and involved my son, I was doing fine with my payment plan. then he totaled my car and some other things and I was unable to make house payment a couple times.. but mortgage co is letting me also make those up by paying extra per mo with regular payment.. so if you can get caught up on your own there is leverage. At first everything is so deathly scary, if im late omg..
but because of my circumstances I have had to find out the hard way that , BK, lawyers, courts, trustees, etc.. have seen it all. because these same things happen to the majority so there are stipulations. Hope Im helping..

[maddog2112]

If you voluntarily dismiss your case and you`ve been in say 1 or 2 years, does the 5 year payback clock restart and do you pick up at the same balances you had when you dismissed? Just curious.

[lrprn]

If you voluntarily dismiss your case and you`ve been in say 1 or 2 years, does the 5 year payback clock restart and do you pick up at the same balances you had when you dismissed? Just curious.

If you voluntarily dismiss your 13 case, that filing is over. When you refile a 13 at least 180 days after your first filing, you start from scratch.

The downside to dismissing a 13 and then refiling a second 13 within four years is that your automatic stay only lasts 30 days. You have to petition the court to extend your stay - this is almost always granted, but is an extra step your lawyer will have to deal with so it may cost more than your first filing did.

[klux]

If you voluntarily dismiss your 13 case, that filing is over. When you refile a 13 at least 180 days after your first filing, you start from scratch.

The downside to dismissing a 13 and then refiling a second 13 within four years is that your automatic stay only lasts 30 days. You have to petition the court to extend your stay - this is almost always granted, but is an extra step your lawyer will have to deal with so it may cost more than your first filing did.

The 180 day period is from when you original filed, not from when it is dismissed? Just want to make sure I understand that correct. Is it different if a creditor received relief from automatic stay?

[klux]

Received this message from my attorney.
"You can voluntarily dismiss but would not receive Automatic Stay upon refiling within 6 months if there were any motions for Relief from Stay filed in current Ch. 13.

If Trustee dismisses for nonpayment there is no bar to refiling."

HERE IS MY QUESTIONS, HOW CAN I GET IT DISMISSED FOR NON PAYMENT WHEN THE PAYMENT COMES DIRECTLY OUT OF MY HUSBAND'S PAYCHECK. ANY ADVISE WOULD BE APPRECIATED.

[car67]

Telll your husband to quit his job and get a new one! Simple fix!