Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hello, and thank you for contacting Just Answer.
First and foremost, it is important to remember that, if the original bankruptcy filed was a chapter 13, often that bankruptcy can be switched to a chapter 7 where financial circumstances have changed significantly and enough time has passed. That would be something that the bankruptcy attorney should be able to help with, it is not too complicated a procedure, again so long as financial circumstances have changed significantly enough for the family (generally this means that family income has dropped below the median income for the family size) and enough time has passed since the change (generally 180 days).
This is called "converting" a chapter 13 to a chapter 7, and the bankruptcy attorney should know the procedure and filings necessary.
Second, even if the family income is still too much for conversion to a chapter 7, a chapter 13 plan can be altered where there is a drastic change in circumstances. This again is something that the bankruptcy attorney should be able to help with.
So, in short, yes, where there has been a drastic change in family income, it is completely appropriate to go back to the court to either convert the chapter 13 to a chapter 7, or to reset the chapter 13 plan to reflect the current family income. While I would not use the term "re-file", that is in essence what you would be doing in either case, either converting to a chapter 7 or resetting the chapter 13 re-payment plan to reflect the income of the debtor.
I hope this helps, and let me know if you require any further information. Otherwise, please remember to RATE my answer AT LEAST 3 out of 5 so that I can receive credit for my work.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).