Stamford, TX Bankruptcy Law Firms & Lawyers

The bank cannot collect on a discharged debt. But a mortgage lien continues after bankruptcy so if you paid them while you were keeping the home, and if you surrendered the home or it was foreclosed, the bank certainly can keep the funds from reselling the property.

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.

Don't even think about that unless you put it somewhere where the funds are safe, and you can never take them out and use for living expenses. Everyone that I know that has taken out their pension and thinks they can do better with the money lose all of it. Putting the funds into some type of irrevocable trust is the only recommendation that I would give you.  Protected from you, your creditors and anyone else who might see you as a target. As in a new spouse.