Oh Goodness now what to do...

[NewHope]

My partner is now looking at refiling a chapter 13 over 2 years after it was dismissed by the trustee in our last city we lived in. Not sure what to tell him or what he should do. He got dismissed by losing his job and the ATTY's office telling him he had to take a course in order for a gap of employment order will be made. When he took the class he got dismissed the same day.

He took the course signed in and since he was an old law case he did not get a cert. for being there she said just keep a tight hold on the book. Now mind you we moved almost 2 months later to a different city. No Mail, other that the order to dismiss and a final check from the Trustee for what was left. I feel for him, I knew he had had it with being dropped because of his lawyer, he went out to find a job, but when you are planning on moving nobody's going to train much less hire you for a month.

Ok, Now moving current, after looking at his Pacer records, the ATTY had gotten the 13 suspended AFTER we got a check for the account being closed and it was "mailed" If he had known that then everything would be fine. So he decided to just let it go and he would deal with as it comes. Now since he was dismissed the creditors are coming out like roaches in a cheap hooker hotel after nightfall... Should he refile or what do you think?

[lrprn]

If your partner's financial situation won't allow him to pay off all his 'scuttling roach' creditors within five years, then yes, he can refile.

Has his financial situation changed enough that he might now be under the median income? If you changed states when you moved, has he lived in the new state for more than two years?

He needs to set up free or low-cost interviews with at least 3-4 experienced bk lawyers in your area. He knows what to look for in a bk lawyer now - let's hope he makes a better choice this time.