What can you do if you have been dismissed from two chapter 13 petitions for nonpayment due to excessively high payments? 15 Answers as of March 31, 2014

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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
Replied: 3/31/2014
Ronald K. Nims LLC | Ronald K. Nims
It is possible to go back with a new Chapter 13, although the court might reject it, if they don't believe you will comply with the rules this time.
Answer Applies to: Ohio
Replied: 3/28/2014
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
I can only assume that the reason you did a chapter 13 was because you made to much money to qualify for a chapter 7. Have you tried to qualify for a chapter 7?
Answer Applies to: California
Replied: 3/28/2014
Janet A. Lawson Bankruptcy Attorney
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
Replied: 3/28/2014
Garner Law Office
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
Replied: 3/27/2014
    A Fresh Start
    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
    Replied: 3/27/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    What about filing a Chapter 7?
    Answer Applies to: Colorado
    Replied: 3/27/2014
    Rhymer Law Firm
    Rhymer Law Firm | William Rhymer
    If you are eligible, you maybe able to file a Chapter 7 and get a fresh start. I would recommend you talk with a new bankruptcy attorney so that you can have your situation reviewed with a "fresh set of eyes."
    Answer Applies to: Georgia
    Replied: 3/27/2014
    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
    Replied: 3/27/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    You can either refile a new Chapter 13 r if possible squeeze into a Chapter 7, but make sure the appropriate motion regarding the automatic stay is filed as well.
    Answer Applies to: New Jersey
    Replied: 3/27/2014
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    You may want to re-file the case as a chapter 7, if you qualify for that, to at least discharge the debts.
    Answer Applies to: Texas
    Replied: 3/27/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Try filing for a Chapter 7.
    Answer Applies to: California
    Replied: 3/27/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Have you looked into filing for chapter 7. If your chapter 13 payments are too high then it sounds like it is being done incorrectly.
    Answer Applies to: New York
    Replied: 3/27/2014
    Steele, George, Schofield & Ramos, LLP
    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
    Replied: 3/27/2014
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Strongly recommend that you consult with an experienced bankruptcy attorney to see what options you now have under the bankruptcy law. I would need more information in order to advise further.
    Answer Applies to: Georgia
    Replied: 3/27/2014
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