Is refiling for bankruptcy my best option after filing behind in a Chapter 13?

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)]

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.

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.