dismissal of my chapter 13 3 Answers as of December 01, 2010

My chapter 13 is up for dismissal but I have fallen behind on payments because of lack of work. I tried to get a modification but was told I did not qualify. Is refilling my best option?

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Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
You may refile, but several provisions apply:

1. You may not refile for 180 days after your case has been dismissed. [Sec. 109(g)]
2. The automatic stay provisions are good for only 30 days after you refile the first time within 1 year of the dismissal. If you refile twice, there is no automatic stay. [Sec. 362(c)(3)]
Answer Applies to: Illinois
Replied: 12/1/2010
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
I would not refile without a steady source of income. Instead, I would heavily consider a Chapter7. If you have the income to make a Chapter 13 work, then you can refile, but be mindful of bad faith arguments.
Answer Applies to: California
Replied: 11/29/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
That depends on what you are trying to accomplish and why your case was filed in the first place. If you filed to stop an imminent foreclosure sale, then dismissal could be disastrous for you. You need to consult with a bankruptcy attorney in your area if you do not already have one.
Answer Applies to: California
Replied: 11/29/2010
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