Chapter 13 Bankruptcy: Can I refile?

Many people are not familiar with the bankruptcy laws and when they fall behind and in a trap once again, they feel they have no option. It is possible for someone who has filed a Chapter 13 bankruptcy to re-file their case if their previous Chapter 13 case has been dismissed. The process to re-file a bankruptcy case is the same as file the first bankruptcy case. The only thing needed would be updated pay information and expenses and to update the amount of arrears you are on your home. Once the chapter 13 case is re-filed, there is a mandatory meeting that you must attend. This hearing is called a motion to extend the automatic stay. Under the new bankruptcy laws, when a Chapter 13 case is re-filed, the automatic stay is not automatic. A motion has to be filed with reason stating how the debtor can successfully complete the new case. As long as the debtor appears to this hearing and explains how they are going to be successful, the judge will approve the motion and the debtor will be set in their chapter 13 with the protection they were seeking. If you have any questions or concerns regarding re-filing of your Chapter 13 case, please contact your bankruptcy attorney immediately.

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