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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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โˆ™ 2008-04-23 13:58:49
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Q: In Maryland if a chapter 13 is dismissed for missed plan payments can you refile chapter 13 immediately?
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Related questions

Can your Chapter 11 be dismissed due to plan payments?

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.


Can you file chapter 7 after chapter 13 is dismissed?

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.


Can you stop chapter 13 bankruptcy payments from coming out of your pay check?

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


If your chapter 13 is dismissed prior to confirmation for failure to have all documents and payments met can one refile after requirements are met?

Yes, but if it was dismissed under section 109(g) you have to wait 6 months to refile.


Can you refile for chapter 13 after it was dismissed twice?

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


What if your chapter 13 case is dismissed because you are behind on payments?

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.


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

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


How long does a dismissed chapter 13 bankruptcy stay on your credit file?

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


What happens if you pay your mortgage late while on chapter 13?

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.


Is there anything you can do if your chapter 13 was dismissed after confirmation for failure to make payments on time?

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


How can you convert from a Chapter 13 to a Chapter 7 without your spouse even though both are on a dismissed with prejudice Chapter 13?

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


Can you file chapter 13 after being dropped?

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


If your chapter 13 is dismissed can you appeal?

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.


Can an individual dismissed from Chapter 13 bankruptcy refile for bankruptcy?

You can file a Chapter 7 bankruptcy.


Can a chapter 13 bankruptcy be dismissed if the petitioner dies?

Yes.


How do you remove a dismissed chapter thirteen bankruptcy from a credit report?

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.


Can a chapter 13 bankruptcy that has been dismissed be discharged?

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.


If you gave up a car in chapter 13 will you have to pay for it if the chapter 13 is dimissed?

if your chapter 13 gets dismissed can you buy a car


What does it mean to have dismissed or closed on chapter 13 bankruptcy?

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.


What happens if you file a chapter 13 bankruptcy and you cannot make the payments?

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.


In South Carolina when can a chapter 7 bankruptcy be filed after a chapter 13 has been dismissed?

Two years after the date of the chapter 13 dismissal.


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.


How long will a dismissed bankruptcy stay on your credit report?

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.


Can you file a chapter 7 immediately after your chapter 13 was dismissed for nonpayment?

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.


Your Wife an you jointly filed chapter 13 bankruptcy if you separate will the case be dismissed?

No