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How long to wait before refile?

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    How long to wait before refile?

    Well, after making 33 out of 60 payments, I am now about to miss two payments due to a variety of issues. I am expecting to be dismissed. How long do I have to wait before I can re-file a 13?

    #2
    You can ask the Trustee for a temporary halt in payments or reduction (to handle secured debts). Is this really temporary? If it's more long term, perhaps conversion to Chapter 7 is possible.

    Whether you can refile depends alot on whether any motion for relief from stay is filed (in progress), type type of serial filer you are (which you will be), and the good faith test.

    The key is, why even let it get to dismissal? There are remedies available through the Trustee.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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