If chapter 13 is dismissed, say for failure to make a payment, how long to wait for a refile? Also, if I could refile, would I be able to depreciate the value of my vehicle for the next refiling?
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I believe it is a three month wait. There are "stickies" on the 13 site. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010. -
This depends on your District, your Trustee, and your relationshp between the Trustee and your lawyer.Originally posted by hughthehand View Post
In many Districts, failure to maintain payments results in a Dismissal with Prejudice. The Prejudicial part is that you can't refile for 180 days. There are Districts that by matter of policy, or if your Trustee is "nice" and understands your particular issues (your lawyer is on good terms and they communicate), you can get a Dismissal without Prejudice. If you get that sort of dismissal, you can immediately re-file (once the Order of Dismissal is entered).
Yes, it would be considered a new filing.Originally posted by hughthehand View Post
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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