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In Maryland if a chapter 13 is dismissed for missed plan payments can you refile chapter 13 immediately?

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2008-04-23 13:58:49
2008-04-23 13:58:49

Under the changes to the bankruptcy law, a debtor can refile his Chapter 13 case. You will have to provide the judge a good reason to allow it, (which really means something like a change in your financial situation so you can now do what you didn't)...not that you now understand want it more than before. Some judges flex a bit on this, but it is very situational.

If case #2 is filed within 12 months that case #1 was pending, then the automatic stay is not absolute. Instead, the automatic stay does go into effect, but it terminates in 30 days unless the debtor files a motion with the court and convinces the judge to extend the stay. If the judge does not extend the stay, then it would come to an end in 30 days and the creditors/mortgage company would be free to re-start foreclosure/collection proceedings.

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Chapter 11 is a corporate business bankruptcy where a reorganization plan is made while operating under protection. It is not a Chapter 13 with a specific payment plan.

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Yes, but you need to find out if there is a 180 day filing bar. (Yes automatically if there was a Motion for Relief from Stay). If the case was dismissed without the filing bar and without prejudice, then you can refile immediately.

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No, if automatic withdrawal has been implemented by the BK court trustee they will continue until the chapter 13 is discharged or dismissed.

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Yes you can, as long as it was dismissed and not discharged.

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If the Court dismissed your Chapter 13 for failure to make the plan payments, it is as if you never filed for bankruptcy. However, there is one important exception. If you refile for bankruptcy within one year of the dismissal, the automatic stay will expire within 30 days unless you file a motion to extend the stay and prove to the satisfaction of the Court that the current filing is in good faith.

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Yes. If you voluntarily have a chapter 13 bankruptcy dismissed, your creditors will be notified of the dismissal.

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A Chapter 13, whether it is dismissed or successfully receives discharge, is on your credit report for 7 years. A chapter 7 is on your credit report for 10 years. i called equifax and a discharged chapter 13 stays on for 7 years and a dismissed chapter 13 stays on for 10 years

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A one time missed payments may be overlooked. If they are frequent, then the lender may file to lift the automatic stay. If you fail to make plan payments, you risk the BK being dismissed.

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No, except wait until the required time limit for refiling has expired and file another bankruptcy petition.

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Since its dismissed w/ prejudice - Wait 180 days and file an individual chapter 7. Your spouse does not have to file.

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IF by dropped you mean the case was dismissed, the answer depends on when and why the case was dismissed.

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Yes, if chapter 13 of any individual has been dismissed, the individual can be able to appeal. The right to appeal is a constitutional right that is will provided for in the constitution.

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You can't. A valid entry for a dismissed chapter 13 bankruptcy will remain on a credit report for seven years from the date of dismissal.

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No, once a bankruptcy is dismissed it has to be refiled after the time limit has expired. The time limit to refile after a chapter 13 dismissal is two years.

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That means that the Chapter 13 plan was never completed. The court dismissed it and it was not refiled. It allows the creditors to come back and collect the debt. The completion of the Chapter 13 would be shown as a discharge.

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Your case is dismissed, and you lose all protection of the court. You can expect your creditors to then act quickly and agressively to seize what they can and secure any assets and judgments they can.

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A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.

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i am A Mortgage Broker The Bankruptsy Never Leaves The VCredit Report But if You Are Trying To Do Something With Your Credit Banks Go off The Discharge Date * 10 years for a dismissed chapter 7 and 7 years for a dismissed chapter 13.

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So long as you are eligible for a Chapter 7 discharge and the bankruptcy court did not specifically order you not to refile a new bankruptcy, you should be able to file a new Chapter 7 right away. Because of the recent changes in the law, plese consult with a bankruptcy attorney before making any decisions.

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It depends if it is a Chapter 7 or a Chapter 13. If a Chapter 7 and you liquidate all your assets, then yes you will lose your home. If a Chapter 13, you can catch up the payments if you can afford it and include the past due payments in the Chapter 13. Good luck.

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No. Dismissed is essentially incomplete - no resolution...discharged is completed and closed.


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