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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17217
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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this is a chapter 13 question. The Debtor got a previous chapter

Resolved Question:

this is a chapter 13 question. The Debtor got a previous chapter 7 discharge that was recent enough to make her file a chapter 13 plan that was a 100% plan. She filed in later January of this year. Had she waited until March 4 of this year, she could have filed a Chapter 13 plan that would have enabled her to do a "pot" plant. It is my understanding that such was so that a car would not be repossessed. Anyway, by the time she made it to the eve of her 341 hearing in April (it had been continued twice in good faith), she decided that she could not make the monthly payments. Now she wants to file again in hopes that she can do a pot plan now because the statutory time has now passed for her to do so. The judge has dismissed the case but the Trustee has not yet done a final accounting. First question is when can she file again. Next, will she have automatic stay protection? Next question is, "Can she now get a ch 13 pot plan confirmed despite her January filing and recent dismissal?" Thank you in advance for your assistance.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 3 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

As long as the case was not dismissed,

WALLSTREETESQ :

with prejudice, she can refile a chapter 13 the day the Order is granted dismissing her case,

WALLSTREETESQ :

In her new chapter 13 case, she can refile with new figures so she can qualify for approval.

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Customer: replied 3 years ago.

Does she have to wait for the final accounting from the Trustee first? Will she have automatic stay problems? If she has to file a motion to extend that, I am not sure what her grounds would be other than, "she bought herself some time on a car she was about to lose, now she can file a plan that is confirmable..." that sounds a bit fishy to me...thanks agains for your help

Expert:  WALLSTREETESQ replied 3 years ago.
She would have to wait for the actual Order dismissing her case, the accounting should be done with the dismissal, once the dismissal is granted the stay stops, so she can then refile a new case and that will give her the automatic stay.

A motion to extend would not be needed, unless she needs more time to amend her petition. If there is an actual order signed from the Judge stating her case is dismissed, as per a certain Date, she should be able to refile, regardless of any final accounting.
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Customer: replied 3 years ago.
The order says that the case is dismissed and that "the chapter 13 trustee's office shall file and serve on all creditors a final account reflecting the receipts and disbursements in this case"...
Expert:  WALLSTREETESQ replied 3 years ago.
since the case is dismissed, she could refile, the accounting does not delay the dismissal.
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