Should I file a motion to reinstate or file new chapter 13 bankruptcy? 17 Answers as of February 25, 2014

Chapter 13 case is dismissed on 2/14/2014, case not closed. Should I file a motion to reinstate or file new chapter 13 bankruptcy. Bank has sale date set for March 5, 2014. Earliest Hearing date for reinstatement is March 12, 2014.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Filing a new case is easier - you need to fix the reason it was dismissed in the new case or it will be dismissed as bad faith.
Answer Applies to: California
Replied: 2/25/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
Why was the case dismissed? If it was for failure to file schedules or a plan I would recommend that a new Chapter 13 be filed providing a feasible plan can be presented. If you cannot file a plan a Chapter 7 filing could provide some time and delay the foreclosure. However, filing just to prevent a foreclosure without any intention to follow through on the bankruptcy is not something the court treats lightly. You should consult with an experienced bankruptcy attorney to review your options.
Answer Applies to: California
Replied: 2/25/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Can't possibly answer without a lot more info. Why was it dismissed? Have you cured that problem? You would have to ask for an expedited hearing or it is futile to ask to vacate the dismissal after the sale. A new filing would only have a 30 day stay unless you can get the court to extend the stay with an immediate motion for that purpose. Sounds like you REALLY need an atty.
Answer Applies to: New York
Replied: 2/24/2014
Stephens Gourley & Bywater | David A. Stephens
I do not know enough about your case to state which is better. It depends a lot on why it was dismissed and whether you can complete your plan. If not, you should file a new case. Please note, the automatic stay may be limited due to the prior dismissal.
Answer Applies to: Nevada
Replied: 2/21/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Re-opening the case would be the easiest (and least expensive), but filing a new Chapter 13 would be the surest. You will have to prioritize.
Answer Applies to: Colorado
Replied: 2/21/2014
    Resnick & Moss, P.C.
    Resnick & Moss, P.C. | Mark Bredow
    Your attorney can file a motion to reinstate either on an exparte basis (without giving notice to the creditor) or mail notice of the motion and ask the Court to set a hearing before the foreclosure date.
    Answer Applies to: Michigan
    Replied: 2/21/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If you are looking for someone to toss a coin in the air to help you decide, do this yourself. Legal decisions need to be made based on the facts, and you have not provided any facts explaining how the case happened to be dismissed or why things might be different in the future.
    Answer Applies to: Nevada
    Replied: 2/21/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    I think you answered your own question. If you wait until the next date your house would have been sold already.
    Answer Applies to: New York
    Replied: 2/21/2014
    Mark S Cherry, Attorney at Law, PC
    Mark S Cherry, Attorney at Law, PC | Mark Cherry
    There is a 180 day preclusion from refiling. You need to file a Motion to reinstate on an emergent basis. You should also see if the sale date has any available adjournments from the Sheriff. New Jersey has 2 two week (total 4 weeks) automatic adjournments but you must apply for them from the Sheriff of your County. If you are not reinstated you can file a Motion with the Equity Judge of your County and ask to adjourn the sale pending reinstatement.
    Answer Applies to: New Jersey
    Replied: 2/21/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    I would file a new one.
    Answer Applies to: California
    Replied: 2/21/2014
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    A motion to reinstate and impose the Stay is the best way if possible.
    Answer Applies to: New York
    Replied: 2/21/2014
    Law Offices of Marc Weinberg | Marc Weinberg
    If case was dismissed without a 180 bar against refiling, then you can refile the case.
    Answer Applies to: California
    Replied: 2/21/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You will need to do something BEFORE the sale date. You should speak with your lawyer. If you don't have one, you should hire one quickly if you really hope to save your home. Chapter 13 cases are very complex and difficult. Even many very experienced bankruptcy lawyers choose not to file them because they are difficult. And now that you have a prior case dismissed there will be at least one additional motion that will have to be filed in order to extend the automatic stay beyond 30 days. Do not try to do this on your own if you are serious about saving the property!
    Answer Applies to: Colorado
    Replied: 2/21/2014
    Law Office of Robert Sisson | Robert Sisson
    You need to retain a bankruptcy atty and get him involved in this.
    Answer Applies to: Wisconsin
    Replied: 2/21/2014
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    You need a competent lawyer to deal with this. If you file a new case there is an issue as to whether there is a new stay and how long it lasts. There are all sorts of other issues.
    Answer Applies to: Washington
    Replied: 2/21/2014
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    The least risky approach would be to file a new case and file a motion to be heard before 30 days from the petition date asking that the bankruptcy stay be extended past those 30 days, assuming this is only the second case in the last 12 months. When your property depends on doing this right, you should not try to handle Chapter 13 case yourself or through a non-attorney or inexperienced attorney as Chapter 13 cases are notoriously labor-intensive and difficult to bring to plan confirmation and conclusion even by licensed attorneys. Getting the stay in place and extended properly is also something a lawyer should handle if your property is at stake.
    Answer Applies to: California
    Replied: 2/21/2014
    Scott Goldstein | Scott Goldstein
    You should ask your bankruptcy attorney this question immediately. If you do not have one, get one fast.
    Answer Applies to: New Jersey
    Replied: 2/21/2014
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