Is refiling for bankruptcy my best option after filing behind in a Chapter 13? 6 Answers as of December 03, 2010

Being dismissed from chapter 13 bankruptcy, I fell behind because of lack of work, tried to get a modification but did not qualify. Is refilling my best option?

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Steven D. Keist, Attorney at Law
Steven D. Keist, Attorney at Law | Steven D. Keist
Probably. You may qualify for Chapter 7 now. If not, you could re-file a Chapter 13.
Answer Applies to: Arizona
Replied: 12/3/2010
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: 12/2/2010
DiManna Law Office, LLC.
DiManna Law Office, LLC. | Dawn DiManna
Your ability to re-file depends on the dismissal. It is possible that re-filing is your best option, but it depends on more details of your case that were not provided.
Answer Applies to: New Hampshire
Replied: 12/2/2010
Law Office of Raymond J. Dague, PLLC
Law Office of Raymond J. Dague, PLLC | Raymond J. Dague
It is hard to say whether refilling another Chapter 13 or Chapter 7 is the best solution to having your Chapter 13 dismissed. I would be concerned that a second Chapter 13 plan would not be approved if your first Chapter 13 cannot be appropriately modified. Oftentimes the best option for a Chapter 13 being dismissed is to convert it to a Chapter 7 which will avoid most of the expense of filing a second petition. Since you fell behind in your Chapter 13 plan due to unemployment, you might now qualify for the Chapter 7 under the means test while you might not have qualified while you had your previous employment.
Answer Applies to: New York
Replied: 12/1/2010
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
Not if you cannot afford your trustee payments or pay back on your arrears. Chapter 7 sounds like a better alternative in this case.
Answer Applies to: California
Replied: 12/1/2010
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    What is best varies depending on the facts and circumstances of each individual case. You need to have a comprehensive consultation with a bankruptcy attorney to see what is best for you. Dismissal may have consequences, particularly if you filed your case to stop a pending legal action such as a foreclosure. It also requires you to start all over again on a payment plan. A lot really depends on why you filed Chapter 13 in the first place (as opposed to a Chapter 7).
    Answer Applies to: California
    Replied: 12/1/2010
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