Refile?

[justbroke]

If chapter 13 is dismissed, say for failure to make a payment, how long to wait for a refile?

This depends on your District, your Trustee, and your relationshp between the Trustee and your lawyer. In many Districts, failure to maintain payments results in a Dismissal with Prejudice. The Prejudicial part is that you can't refile for 180 days. There are Districts that by matter of policy, or if your Trustee is "nice" and understands your particular issues (your lawyer is on good terms and they communicate), you can get a Dismissal without Prejudice. If you get that sort of dismissal, you can immediately re-file (once the Order of Dismissal is entered).

Also, if I could refile, would I be able to depreciate the value of my vehicle for the next refiling?

Yes, it would be considered a new filing.

[AngelinaCatHub]

I believe it is a three month wait. There are "stickies" on the 13 site. 'Hub

[hughthehand]

If chapter 13 is dismissed, say for failure to make a payment, how long to wait for a refile? Also, if I could refile, would I be able to depreciate the value of my vehicle for the next refiling?