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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2830
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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We filed chap 13 in louisiana. we did not know we were suppose

Customer Question

We filed chap 13 in louisiana. we did not know we were suppose to give the trustee our tax refund, so we are voluntary dismissing our case...i know we can refile but when. what happens to our home and 2nd home loan. car note and other bills. I'm scared. please help
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

You have a few options. You can bring a motion to allow you to pay the refund in installments - over time if you already spent it, or else rework your entire plan to spread it over the remaining life of the plan.

Terry L. :

If you dismiss (and assuming there is no bar to refile) you can bring a new case the next day once you retake your credit counseling.

Terry L. :

The automatic stay protection from your creditors will drop after 30 days (if this is the 2nd case in 1yr) which you can extend by motion to the court for cause, showing the change of circumstances between this case and the last (usually more income/less expenses works best).

Terry L. :

Your car is vulnerable to repossession from the dismissal to the refile, so time is of the essence.

Terry L. :

You can pay the car note thru the new plan though.

Terry L. :

For the mortgage and 2nd, you can roll any arrears into the case, and make the regular payments moving forward as well. You can also include any new bills in a refile.

Terry L. :

Talk to your lawyer (or hire one) to assist you with the refile.

Terry L. :

thanks for your questions, good luck

JACUSTOMER-f579htg8- :

how can i find an attorney to refile. the attorney i have said we could not do none of what you said above but yet his staff told me we could but it was up to him. please help

Terry L. :

You can google, check the better business bureau, check the local bar association for a referral then to find another attorney if you are looking to refile. otherwise, go meet with your lawyer, and if he cannot do that in your case, have him explain why - case law, local rules etc. I've done this in my cases here, but every jurisdiction differs slightly with procedures and caselaw.

Terry L. :

thanks and good luck with your choicse.

Terry L. :

choices. thanks