How soon can I refile?

[fiats3]

My case was dismissed (without prejudice) last month after the trustee listed all these deficiencies on my 341 report. He even wanted me to get written proof of church tithing! CaN yOU BeLive THAT? Anywho, the DOJ was breathing down my neck because they realized I was going to wipe out 15 years of back taxes. The DOJ had asked for a dismissal with prejudice because they saw a few Chap13s I filed 10 years ago. They were trying to make me out to be a serial filer. Anyways, the judge gave me break, I guess and dismissed me without prejudice(I never attended the dismissal hearing), so it's only a matter of time before the FEDS come to garnishment for 25% of my income. I may have to file another 13 to stop them. What is the time between filing after a Chap 13 dismissal. (BTW, the Chap13 that was recently dismissed started out as a Chap7 and was converted).


~ ~ ~

[Lightning]

Why didn't you just get the proof? You didn't lie, did you?

[StaciMM]

If you were not given a minimum time frame, there shouldn't be one. The laws are regarding time between discharges, I don't know of anything between filing for a dismissal.

[StaciMM]

PS-I don't think it is unreasonable to be asked to back up expenses. My guess is "tithing" gets abused. ANY expense you list, you should be prepared to back it up w/ documentation. I can see if someone gave a few dollars here & there (cash) they might not have a way to back it up. Anyone that donates a significant amount would probably do so w/ checks so they can back it up for tax purposes.

[FoolAndHisMoney]

I think six months before you can refile. Your automatic stay maybe limited since they now view you as a serial repeat bad faith filer even though 10 years ago seems like a long time. Then again you mentioned you had a "few" chapter 13 filings. That doesn't look good no matter how long ago I guess. While tithing is allowed up to 15% it has to be reasonable. Were you always tithing, or did you start after you knew you were going to file? Without any proof I guess they thought the latter. You should get a good lawyer. If you're not prepared the next time around not only will you be dismissed, but when you filer again after the automatic stay will be even more limited.