QUESTION

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

Asked on Dec 01st, 2010 on Bankruptcy - New York
More details to this question:
Being dismissed from chapter 13 bankruptcy, I fell behind because of lack of work, tried to get a modification but did not qualify. Is refilling my best option?
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Answered on Dec 02nd, 2010 at 3:28 PM
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)]

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Answered on Dec 02nd, 2010 at 7:43 AM
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.

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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.

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