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If you filed a chapter 13 then lost your job and the payments got behind can you refile if the court dismisses your chapter 13?
Wiki User
∙ 8y ago
In NC you cannot file again for another 7-10 years. I don't know if that goes for all states or not.
If you fall behind on 13 payments, you should be able to refile 6 months (180 days) after the dismissal.
In Indiana, and maybe everywhere, a debtor doesn't even have to wait the 180 days to re-file unless their case was dismissed "with prejudice." If a case was dismissed without prejudice, the debtor can re-file a new case immediately after the preceding case is dismissed. Generally, Courts in Indiana do not tend to consider dismissal due to non-payment a prejudicial dismissal (unless it has happened multiple times, or if the debtor was acting in bad faith in some other aspect of their case). Other states may consider every dismissal for non-payment to be prejudicial, I don't know. Ask an attorney who practices locally. Okay now the legal stuff: Please be advised that nothing in this posting or in any other posting by me or my agent(s) constitutes legal advice. The information provided herein may be or become incorrect, and I do not warrant its accuracy. I am suggesting no course of action or inaction to any person but I am rather merely stating facts as I understasnd them. I warrant no information herein and recommend to all persons to seek face-to-face legal counsel on any questions they may have. *whew*
Wiki User
∙ 8y ago
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If behind on Chapter 13 payments can a dismissal be prevented or reversed if payment is made for past due amount?
It can't be reversed, but if it is dismissed without prejudice, you can refile a chapter 13 six months from the dismissal date. The best option is to meet with the trustee to discuss the problems with the schedule that the person now has to see if it can be modified.
While in a chapter 13 bankruptcy can you stop the bankruptcy?
Yes, and if things don't work out, you can refile.
If you filed a Chapter 13 in 1998 and converted to a Chapter 7 in 1999 in what year are you eligible to refile a Chapter 7?
6 Years from the date of filing of the Chapter 13. (Only because it was converted).
Refile chapter 7?
How soon after filing Chapter 7 Bankruptcy, can you file either Chapter 13 or Chapter 7 Banruptcy again?
How long after you have a chapter 13 bankruptcy dismissed do you have to wait before refiling?
It is 180 days before you can refile
How soon can you refile chapter 7 a second time?
This year, they made a law that you have to wait eight years.
If you filed for Chapter 7 Bankruptcy 7 years ago when you were married can you refile again now that you are single?
Never
If your house goes back into foreclosure after you are making payments on a chapter 13 can you file pro se to stop foreclosure?
You are leaving out important information: when was the chapter 13 ended and why did it end? If the chapter 13 has not been closed or dismissed, the mortgage should not be in foreclosure unless you missed several post-petition payments and the mortgagee got relief from the automatic stay. You cannot have two bankruptcy filings open at the same time. If the chapter 13 was ended pursuant to a section of the bankruptcy code, you may be able to refile, but you may not have the benefit of the automatic stay. Consult a local bankruptcy lawyer.
Can you get a personal loan even though you filled chapter 13?
The 2005 bankruptcy law provides that, under Chapter 7, eight years must elapse before you can refile. If you go for Chapter 13 after a Chapter 7, you must wait four years. Going from one Chapter 13 to another, two years must elapse. If you still have student loans (which typically aren't dis-chargeable in bankruptcy), you can use them to rebuild your score. Make your payments on time, all the time, and try to pay more than you owe whenever possible. Next to making on time payments, paying down your existing debt is one of the best ways to improve your credit score.
Is it better on your credit to refile after a Chapter 13 dismissal or pay your bills yourself with your creditors?
You are always going to be better off by paying your bills.
Can you refile chapter 13 bankruptcy under the new bankruptcy law after your case was dismissed to avoid foreclosure?
A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.
When your hame has been forclosed on and the bank takes you to court to get you out of your home but they dont show up in court the judge dismisses the case what dose that mean?
If the bank doesn't show up in court and the judge dismisses the case, it means that the foreclosure proceedings against you have been stopped because the bank failed to appear. This could be a temporary relief for you, but it doesn't necessarily mean that the foreclosure process won't continue in the future. It's important to seek legal advice to understand your rights and next steps.
