EDWARD P RUSSELL | EDWARD P RUSSELL
You can file a Ch, 7 and get a discharge of all debts if you have not received a Ch 7 discharge within 8 years from the filing date of the petition. You can get a discharge in a Ch. 13 if it has been at least 4 years from the filing date of a Ch. 7 in which you go a discharge. If there has been no discharge in either of the two prior Ch 13 filings you can file again hopefully with a more realistic plan. ?If you did that the automatic stay protecting you from creditors's actions would be good for only 30 days from the filing date of the Ch 13 petition but that may be more academic in nature as when the plan is confirmed that is a court order which governs the repayment ?of debts prohibiting creditors from taking any collection activities..
Answer Applies to: Minnesota
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Well, without seeing your paper work I cannot determine if the payment was too high. You do not get an automatic stay if the 3rd case was filed within a year of the first 2 dismissals. You need to see a competent CH13 lawyer to sort this out.
Answer Applies to: California
Garner Law Office | Daniel Garner
It is possible to file another bankruptcy but you should be prepared for a "good faith" hearing before the judge to explain how the new case will be successful when the others were not. If the judge is not satisfied with your explanation, s/he will dismiss your case and may bar you from filing again for a period of time. "Excessively high payments" suggests that you have a lot of priority debt that has to be dealt with in a Chapter 13 despite your limited ability to pay. If that's true, you may be better off just settling with the creditor who has sued you and take care of them with whatever resources you have and ignore the rest of the debt for the time being.
Answer Applies to: Oregon
A Fresh Start | Dorothy G Bunce
Excessively high payments is sort of a vague phrase. Did you not accurately create a realistic budget when you filed Chapter 13? Or is your budget full of expenses that are not necessary? If you are in Chapter 13 to accomplish a particular goal, such as to save your car from repossession, you have got to find a way to pay for the full value of it. If you have an attorney, this issue should have been discussed when your plan was formed, and if you don't have an attorney, it is probably too late for any attorney to fix the problem.
Answer Applies to: Nevada
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
That is far from a simple question. Without knowing your situation it is impossible to answer in a helpful way. In my practice I work carefully with my clients to try to figure out where and why the real cash flow differed so significantly from the "means test" requirements. I try very hard to present a "means test" that is as closely aligned with reality as is possible. Sometimes, however, the requirements I the bankruptcy code can be quite difficult. Without more information it is impossible to evaluate your income, expenses, and plan requirements. In all honesty, it sometimes becomes necessary to make significant changes in life style in order to obtain relief from debt. That can be particularly true for those with incomes above the median for their household size. My best advice is to seek a consultation with one of the most experienced and respected chapter 13 lawyers in your area. Maybe they can find ways to adjust the "means test" and to reduce your plan payments in yet another attempt. Sometimes people are penny wise and pound foolish. It is well worth higher attorney fees if it allows you to retain the right lawyer for the job. Sorry you are struggling so much.
Answer Applies to: Colorado
Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
If you are thinking of filing a third case, you need to see an attorney. There will be no automatic stay after the third filing as a motion will need to be filed immediately upon filing the petition. The hearing on the motion must be heard within 30 days.
Answer Applies to: California