Hello and thank you for allowing me the opportunity to assist you.
Q: ***So what is best way to communicate this to Atty. and trustee.
A: You should call or email your attorney ASAP and explain the situation. You should not tell the trustee anything since any communications between you and the trustee should be made by your attorney. Your attorney should be able to deal with all of this for you, so you only need to worry about telling your attorney. I'd just be honest with him.
Q: ***Will I for sure be able to re-file for chapter 13 BK again.
A: You can likely refile without a problem. In some cases of obvious abuse (i.e., filing just to prolong foreclosure without a good faith attempt to complete the bankruptcy), the trustee or a creditor may ask the court to dismiss your case. But in your case, it sounds like you have a reasonable explanation, so that probably wouldn't happen.
Q: ***What should I know or beware of during this period.
A: There is a chance that your case will not be dismissed, but merely converted to a Chapter 7
. The court would only allow a dismissal if there is no prejudice to your creditors. It's possible that your mortgage lender will argue for a conversion to a Chapter 7 so it can immediately foreclose since you aren't making payments.
Q: ***I'll also want to file my tax returns and get my refund before I re-file BK on approximately January the 31 st.
A: That is a good idea if you cannot exempt it all, because it'll give you the chance to use it before filing for bankruptcy. Of course, you'll need to keep in mind the rules regarding preferences (90 day lookback) as well as the lookback period for gifts
, etc. (2 years).
Does that answer your question? Let me know if you need clarification, and please remember to rate me positively so that I receive credit for my efforts.
Thank you and good luck!