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Refile Chapter 13 - How do I?

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    Refile Chapter 13 - How do I?

    I filed my first bankruptcy petition (chapter 13) pro se on Feb 2, 2009. I didn't complete all the necessary paperwork in the required time. (means test, consumer credit counseling plus two more and I didn't have my tax returns filed for the previous two years) So my case was dismissed Mar 12, 2009.

    I now have all the required Chapter 13 forms ready and tax returns filed.
    1. Can I simply refile today?
    2. What issues should I expect the court to raise?
    3. What do I need to preempt a second dismissal?
    4. After reading a different post on the forum I understand the automatic stay is limited to 30 days and that I need to make a first day motion to extend the stay. Is this correct?
    5. Is the automatic stay really "automatic" as soon as I refile? Will this prevent garnishments like the first filing did?
    6. I have four debtors the biggest two are the state tax commsion and the IRS, can either of them make a motion that would prevent the automatic 30 day stay? I read that debtors can make emergency motions that can get heard immediately. Is this true?


    Thanks for your help!
    Last edited by acelasher; 04-02-2009, 07:51 AM. Reason: forgot to mention that the first case was dismissed

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