Need help on how refiling chap 13 works if dimissed

[253BK]

Hi everyone well I have myself in a bind I left my out of state job to come home and see my mom while she was in the hospital with cancer and called today about returning over the weekend and was told I am looking at being laid off now...

So we are 6 months into our 13 not confirmed yet but making a big payment mostly to cover our house and any rears we had on the 2 mortgages...

So if I quit paying the trustee and file for dismissal due to not having a job how long until I can file again? I have no choice but to at least do a 13 with the mortgage behind

I am worried about creditors coming after us but at this point it is the least of my worries I had no choice but to come home and thank god I did my mom passed away the next day so at least I was able to sit with her and say goodbye...

If anyone has any info please let me know of course I cant track down my attorney...

I am in WA state if that helps THANKS

[Flamingo]

Until you are actually laid off I would do nothing but continue with your Chapter 13. You don't state that you were actually laid off but could be facing it. You can't base anything right now on guesswork as to being laid off. Plus you may or may not receive a severance package and that would determine whether or not you can apply right away for unemployment. The event has to occur first. Once you are definately laid off, contact your attorney immediately to see if you can either modify your plan or convert to a Chapter 7. You will actually have to figure out if you can really afford to keep the house.

I am sorry to hear about your mom - I know how hard it is.

[253BK]

Thanks... Well an email says I am looking at layoff this monday so not far away! our payment is like 5500$ per month which cant be made on one persons income

My question is if it is dismissed how long until you can refile? I hate to do it but if worse comes to worse I may have to!

[rrockinggramma]

if your chapter 13 is dismissed for missed payments, then usually you can refile right away. The only time the trustee's dismiss "with prejudice" or bar you from refiling is if they believe you are filing and dismissing to avoid foreclosure.

I would recommend that you contact your attorney and your trustee asap and get your plan modified instead of dismissing.

The other issue to consider is can you afford the house on one income? If not, I would let it go. Hard to do, but in these times, perhaps a necessity

[253BK]

Good info!!! I didnt think I was to contact the trustee myself are you??? You are right the house might have to go we will see my union rep is looking for another job as we speak!!!

Thanks

[justbroke]

This is the most important thing I can tell you about re-filing a Chapter 13. BEWARE OF FIRST DAY MOTIONS. yes, there are motions you may need to make DAY 1.

That means, as soon as you submit your new petition, you need to file a at least one motion. The first one you need to file is a Motion to Continue the Automatic Stay!!!

There may be other motions as well, but the key one is the Automatic Stay. Otherwise, it goes away after 30 days.

[253BK]

good info! I see you case is like ours in payment are you paying a large house payment in the 5380??? They tried to switch us to a 36 month plan to make it to where all payments would go toour home and taxes...

Not sure what will happen now only time will tell

[justbroke]

good info! I see you case is like ours in payment are you paying a large house payment in the 5380??? They tried to switch us to a 36 month plan to make it to where all payments would go toour home and taxes...

Not sure what will happen now only time will tell

Yes, mine is the house and two cars. I'm above median, so it's 60 months by operation of law.