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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38242
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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MY CHAPTER 13 CASE WAS DISMISSED FRIDAY MY ATTORNEY SAID I

Resolved Question:

MY CHAPTER 13 CASE WAS DISMISSED FRIDAY MY ATTORNEY SAID I CAN PAY THE $4440 THAT I AM BEHIND TO REINSTATE THE CASE WITHIN 10 DAYS OR REFILE THE CASE I CANT PAY THAT AMOUNT IN 10 DAYS I WILL NEED TO REFILE. HOW HARD IS IT AND WILL THEY LET ME REFILE. I CANT AFFORD MY MORTGAGE PAYMENTS AND I AM STILL TRYING TO WORK WITH THE BANK TO MODIFY THE LOAN .LAST MONTH DID STIPULATION AGREEMENT. PAYED 1300 FOR STIPULATION AGREEMENT TO START.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

You can refile, but the automatic stay will be lifted 30 days after you file unless you can show by clear and convincing evidence that your prior case was not dismissed due to willful failure to follow the court's orders. That is, there must be changed financial circumstances beyond your control which caused you to be unable to meet the terms of your previous Chapter 13 plan.

 

Also, your next filing may be barred for 180 days. 11 USC §349.

 

Hope this helps.

 

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