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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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After a chp 13 is dismissed and my house is back in foreclosure

Customer Question

After a chp 13 is dismissed and my house is back in foreclosure is there a timeframe that I cannot refile?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 8 years ago.
In a nutshell, the time frames between discharge eligibility are as follows:

8 years between 7s. -727(a)(8)

2 years between 13s. -1328(f)(2)

4 years between a 7 and 13 -1328(f)(1)

6 years between a 13 and 7(if under 70% plan). -727(a)(9)

The time is counted from filing to filing — not from first discharge to second filing.
Customer: replied 8 years ago.
No not discharged. dismissed because I could not make the payments to the trustee.
Expert:  Roger replied 8 years ago.
<p>Sorry-</p><p> </p><p>"Dismissed" means the court threw your case out without "Discharging" any of your debt. </p><p> </p><p>You can either file a new Chap 13 immediately, or go to a Chap 7 filing after waiting 6 months. </p>
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Expert:  Roger replied 8 years ago.
<p>Bear in mind that if case #XXXXX is filed within 12 months that case #XXXXX was pending, then the automatic stay is not absolute. Instead, the automatic stay does go into effect, but it terminates in 30 days unless the debtor files a motion with the court and convinces the judge to extend the stay. </p><p> </p><p>Thus, you can refile the case, but you and your lawyer need to immediately file a Motion to Extend the Stay. Some judges will extend the stay for pretty much any reason, while others will want to see a significant change in the debtor's circumstances.</p>