Answered on Dec 01st, 2010 at 6:58 PM
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.