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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5142
Experience:  37 plus years of experience specializing in bankruptcy law
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i am in a chapter 13 bankruptcy in colorado. i moved to alabama

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i am in a chapter 13 bankruptcy in colorado. i moved to alabama and want to dismiss the
colorado chapter 13 and start one in alabama, due to recent incurring of current medical
bills. what is the best way to dismiss; petition the court and ask for a dismissal due to
relocation or stop making monthly payments? i need to start a new chapter 13 right
away and not wait 6 months. each state has different laws regarding waiting periods.
what are colorado laws? thank you......judi in alabama.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. Because you have recently incurred medical bills, you cannot add them to your exisiting chapter 13. Likewise, you cannot have your case transferred as you would still have to treat the medical bills outside of the plan. And I agree with you that by the time the chapter 13 trustee gets around to dismissing, it will be many, many months. So I would advise you what I advise my own clients in this situation. And that is for your attorney to file a motion to dismiss. Note, my guess is that he does not want to as he will probably not get paid for the extra work. but such a motion is in your best interest. And make sure that it is filed "without prejudice" which will allow you to refile as soon as possible in Alabama. Note Alabama has a 90 day waiting period to file an action.

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