how to refile chap 13 no attorney

by Albert Little 5 min read

You can voluntarily dismiss your 13 at any time. Talk with your attorney about this. You can refile, though you may lose the benefit of the automatic stay (if that is an issue). Talk to your attorney about this as well.

Full Answer

Can I file Chapter 13 without a lawyer?

You'll have to start all over again with a new Chapter 13 case because you can't actually "refile" your old, dismissed case. A few things to consider moving forward: Preparing New Chapter 13 Bankruptcy Paperwork. Plan to pay a bankruptcy attorney to prepare a new petition, schedules, and plan based on your current situation. You'll also pay a new filing fee and take another …

Can I refile for Chapter 13 bankruptcy after a dismissal?

Can I represent myself in Chapter 13 bankruptcy?

What happens if I don't pay my Chapter 13 plan?

Feb 18, 2014 · There are many ways to respond to a Motion to Dismiss, including but not limited to, curing the delinquency over time, modifying the Chapter 13 plan, converting the case to Chapter 7 or allowing dismissal. If the case is dismissed, the debtor may elect to …

Can I refile Chapter 13?

You can refile a Chapter 13 at any time as long as you meet the income requirements and were not previously barred by the court (this is very rare). By refiling a case, you have full court protection from your creditors, including home foreclosure, vehicle repossession, judgments and garnishments, etc).

How long after filing Chapter 13 can you file again?

2 years
Chapter 13 Bankruptcy - If you have received a discharge in a previous Chapter 13 Bankruptcy, then you must wait 2 years from the date of filing of your previous Chapter 13 bankruptcy.May 14, 2014

Can a Chapter 13 be amended?

Chapter 13 Plan Modification: Timing

You can modify your plan both before and after confirmation. Modification before confirmation. Depending on the case or the court, it can take anywhere from two months to over a year before the court confirms your case.

What happens if Chapter 13 is not discharged?

In most cases, the court and the debtor's attorney will charge a new filing fee. But without the financial management course certificate, the case will forever be dismissed without a discharge, and the debtor's creditors will be allowed to resume actions to collect on their debts.

Can you file Chapter 13 twice?

Luckily, you can file for bankruptcy as many times as you want — but not necessarily receive a discharge as many times as you want. While you can file for bankruptcy at any time, you can only receive a bankruptcy discharge every certain number of years.Jan 26, 2022

What happens after a Chapter 13 discharge?

A Chapter 13 Plan may modify an automobile lien and if the plan completes and you receive a discharge the debt will be gone and the car lienholder is obligated to release its lien upon discharge. In certain circumstances a Chapter 13 Plan and subsequent discharge may avoid a second or third mortgage lien.Dec 11, 2020

Can a Chapter 13 be discharged early?

You might be able to get out of Chapter 13 bankruptcy early if you can pay off your debt or you prove a financial hardship. When you enter into a Chapter 13 case, you agree to pay all of your disposable income for either 36 or 60 months.

Does Chapter 13 trustee check your bank account?

Does Chapter 13 Trustee Check Your Bank Account? Yes, it's highly likely that your appointed trustee will check both your personal bank accounts and any business-related bank accounts which you may have under your name.4 days ago

Can you lower your Chapter 13 payments?

To lower monthly payments over the long term, you have to ask the bankruptcy court to modify your plan. Cause for modifying your plan to lower your monthly payments includes: having to take a lower-paying job. for self-employed debtors, losing key customers or incurring unanticipated business expenses.

Can a dismissed Chapter 13 be reinstated?

As soon as a bankruptcy case is dismissed, the automatic stay ends and collections can resume. You can either reinstate your case or file a new bankruptcy one.

What does Chapter 13 case closed without discharge mean?

Chapter 13 cases that follow closely after the Debtor receives a Chapter 7 discharge will not be discharged. In these cases, after the plan payments are completed, the case will be closed. Cases are also closed without a discharge when the Debtor fails to complete the required debtor financial education class.Nov 7, 2021

Can you file Chapter 13 without a lawyer?

When you file Chapter 13 without a lawyer, there are many pitfalls that could lead to dismissal of your case. Common reasons for the dismissal of Chapter 13 cases where the debtor is self-represented include failing to:

What to do if you file Chapter 13?

If you filed Chapter 13 to take advantage of legal strategies such as lien stripping or cramdown, or to combine it with a mortgage modification, you will need to file the appropriate motions with the court and attend hearings.

What does it mean to represent yourself in bankruptcy?

When you represent yourself, you are responsible for researching the law, following the bankruptcy court rules, preparing and filing all of your documents, and making all of the decisions in your case. When you file for Chapter 13, a trustee is appointed but the trustee is not your lawyer.

Can a trustee notify you of a Chapter 13 bankruptcy?

The Chapter 13 bankruptcy trustee will likely notify you if your plan is not in compliance with bankruptcy rules, law, or local procedure, but it will be up to you to correct the problem. Similarly, court employees can answer simple procedural questions but are also not allowed to provide legal advice.

What happens if you file Chapter 13 bankruptcy without a lawyer?

When you file Chapter 13 without a lawyer, there are many pitfalls that could lead to dismissal of your case. Common reasons for the dismissal of Chapter 13 cases where the debtor is self-represented include failing to: file all of the schedules, statements, ...

Why is Chapter 13 dismissed?

Common reasons for the dismissal of Chapter 13 cases where the debtor is self-represented include failing to: file all of the schedules, statements, and local forms completely and on time. file a plan within the time allowed or to file a confirmable plan. provide proper notice to creditors.

How to file a confirmable plan?

file a plan within the time allowed or to file a confirmable plan. provide proper notice to creditors. include spousal or household income in the means test, where applicable, or including expenses which are not allowable. comply with local procedures. timely begin making plan payments.

Income Forms

Chapter 13 debtors must file either one or two forms that together determine the duration and available income for a Chapter 13 repayment plan.

Chapter 13 Plans

Once the income and expense calculations have been made and the commitment period has been determined, a payment plan can be calculated. The payment plan will include amounts for

Article Sources

United States Courts. “ Bankruptcy Basics ,” Pages 25-26. Accessed Accessed April 3, 2020.

Dorothy G Bunce

If your case was recently dismissed, you may be able to reinstate it by filing a motion for the court to reconsider the dismissal, especially if you complied with the Trustee requirements. If not dismissed, then contact the Trustee to confirm that s/he received your paperwork & payment...

Curtis Lamar Harrington Jr

"we sent the returns and the money" Sent returns to trustee or to IRS? You make it sound as if you case was dismissed long ago, but as if it is still pending...

Michael John Primus

The law limits how often your debts can actually be forgiven. If your case is dismissed, then your debts will be reinstated not forgiven. This means you can file another chapter 13 and include those debts as well as any new debts incurred since the filing of the prior case.

Phyllis Voisenat

Yes you can refile unless there's an order barring you. However, I don't think an order would bar you for that period of time. We offer a free initial consultation just so we can make these determinations.

Third Chapter 13 Filing Within One Year

If both your first and second Chapter 13 cases fail and you want file a third case within a year, you will face a real uphill battle.

What if My Previous Case (s) Were Dismissed Because of a Bad Lawyer or Bad Luck?

There are circumstances when a bankruptcy filer ends up with one or more dismissed cases due to no fault of his/her own. Perhaps you used a non-attorney petition preparer or an inexperienced attorney. Perhaps you hit a string of really bad luck.

Can you refile a Chapter 13 case?

A number of years ago, bankruptcy judges looked at refiled Chapter 13 cases on a case by case basis. And, yes there were some abuses.

Can you put money from your household budget into a Chapter 13?

unexpected job loss or changes. unexpected illnesses. unexpected home or vehicle repair needs. family emergencies. Unfortunately, most Chapter 13 trustees will not allow you to allocate any money from your household budget to an “emergency fund.”. Instead, every penny of your disposable income must be paid into your Chapter 13 plan.

Does Chapter 13 bankruptcy work?

As the type of bankruptcy that includes a repayment plan, Chapter 13 can empower you to reduce your monthly payments, eliminate accruing interest on credit card debt, reduce your total indebtedness – all while protecting your real and personal property from creditor actions. When Chapter 13 plans work, they can literally be life changing ...

How long does a Chapter 13 stay in effect?

Under the law, if your Chapter 13 case is dismissed, and you refile a second case within 1 year from the date that the first case was still in force, the automatic stay will remain in force for only 30 days. If you want the stay to remain in force longer, you have to file a Motion, get a court date and appear before a bankruptcy judge ...

Can a Chapter 13 bankruptcy stop foreclosure?

And, yes there were some abuses. Dishonest debtors would file Chapter 13 to stop a foreclosure, then transfer the property to friends and relatives who would file, dismiss and refile solely for the purpose of avoiding foreclosure and living in homes for free. In states with judicial foreclosure, where the process can take months or years, ...

Why do Chapter 13 plans fail?

Unfortunately, however, most Chapter 13 plans fail before completion – in some jurisdictions the failure rate is 65% or higher. Often repayment plans fail not because of bad faith on the part of debtors or even because of unrealistic budgeting. Sometimes cases fail because debtors don’t fully understand their obligations under their filed plan, ...

Can you allocate money to an emergency fund in Chapter 13?

unexpected home or vehicle repair needs. family emergencies. Unfortunately, most Chapter 13 trustees will not allow you to allocate any money from your household budget to an “emergency fund.”. Instead, every penny of your disposable income must be paid into your Chapter 13 plan. This means that for the duration of your Chapter 13 case – usually 60 ...

Is Chapter 13 bankruptcy good?

Chapter 13 bankruptcy is the best consolidation of debt you’ll ever get. It doesn’t require negotiation with the creditors holding your unsecured debt, can save your home from foreclosure, can help you repay your tax debt without interest or penalties and protects you from creditor collection activity for as long as 5 years. ...

Can you dismiss a Chapter 13 bankruptcy?

It can be dismissed voluntarily—because you decided that the Chapter 13 process wasn’t working for you at a particular time. Chapter 13 bankruptcy is the best consolidation of debt you’ll ever get.

Can a Chapter 7 bankruptcy be dismissed?

A Chapter 7 liquidation bankruptcy, alternatively, can only be dismissed by motion, to which creditors and the Chapter 7 Trustee assigned to the case have the right to object. Although Chapter 13 bankruptcy is a 3-5-year process, it is not a cage which cannot be escaped. It is a process that can be modified or dismissed as your real-world ...

How long does it take to file Chapter 13 bankruptcy?

Although Chapter 13 bankruptcy is a 3-5-year process, it is not a cage which cannot be escaped. It is a process that can be modified or dismissed as your real-world circumstances require. The right of a debtor to dismiss his or her Chapter 13 bankruptcy case with the filing of a mere Notice of Dismissal is nearly absolute.

Can a bankruptcy case be dismissed?

It is a process that can be modified or dismissed as your real-world circumstances require. The right of a debtor to dismiss his or her Chapter 13 bankruptcy case with the filing of a mere Notice of Dismissal is nearly absolute. Chapter 13 also comes with obligations that are mandatory, such as, in Detroit, the requirement ...

What is automatic stay in bankruptcy?

The “automatic stay” is the injunction that activates upon the filing of the bankruptcy matter that causes all collection activity to cease immediately. It is the reason that creditors cannot continue to sue you or garnish your wages or foreclose your home, among other things, when you file a bankruptcy.

Can you file a new bankruptcy after a previous bankruptcy?

When you file a new Chapter 13 bankruptcy case after a prior case has been dismissed, it is not automatic. If you re-file your case within 30 days of the dismissal of the prior case, you can file a motion to have the stay “extended” to the new case. When this motion is granted, it continues on for the length of the new Chapter 13 ...

Derek R. Caldwell

You have seen the excellent answers by now already provided. What you don't indicate and an attorney will discuss with you is why NOT a ch 7 case..there are reasons for filing each chapter. Secondly, that class you took is only good 6 months so you will need to retake it also...

Richard D. Granvold

You should also consider asking for your case to be reinstated. You would have to have all of the $ you missed so as to be current when you make your motion As for it being hard to do--look, I know how to change the oil on my car. It is not complex.

Terrence Michael Nolan

As Attorney Caldwell explained unless you were dismissed with prejudice, you can refile. Over 90% of Pro Se, chapter 13 cases are dismissed. This is your second bite at the apple so you want to be successful.