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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31786
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Our chapter 13 was just dimissed we had a vehicle included

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Our chapter 13 was just dimissed we had a vehicle included in the plan and where waiting on an ammendment of the plan because the vehicle had been totaled in an accident insurance did pay it off, but while waiting for an ammendment our case was dismissed for failing to begin payments, I should have talked to my attorney and he never made us aware that we where to start even while waiting on the ammendment, anyways the case is now dismissed the home is the only thing included in the plan, where do we go from here can we ask for a modification and try from there what would you suggest? We are in California
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 6 years ago.
Under the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) changes to the bankruptcy law, a debtor can refile a dismissed Chapter 13 case.  However, if the second case is filed within 12 months that of the first, then the automatic stay is not certain.  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.
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