Seguin, TX Bankruptcy Law Firms & Lawyers

It really depends upon the facts surrounding the dismissal. You are not eligible to re-file a bankruptcy case for 180 days if (1) the case was dismissed because you failed to abide by Bankruptcy Court Orders, or (2) you voluntarily dismissed the case following the filing of a motion for relief from the automatic stay. In most other circumstances you could re-file immediately, although you will have to jump through a few hoops to get the automatic stay extended beyond the 30 day period after the re-filing. This may or may not be a problem, depending upon the type of bankruptcy that you file and what you are hoping to achieve by such a filing.

The following answer applies to California jurisdiction only. I don't know of any local bankruptcy attorney who would condone or suggest to a client that they reaffirm a mortgage debt. It is not in your best interest to do that so the fact that you did not reaffirm is not a bad thing. If at some point you can't afford to make the payments anymore because you have filed and received a discharge in bankruptcy AND because you have NOT reaffirmed the debt you can walk away from the property. The only remedy the creditor(s) have is to take the property, they cannot sue you for any deficiency or attempt to collect from you. The protection of the bankruptcy discharge makes any such collections illegal. A loan modification, should you get one, would not change this result. Refinancing however would because when you refinance you get a new loan and in your case it would be a loan acquired after the bankruptcy had already been filed. Hope this perspective helps. Take care.