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Dismissal then Reapply

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    #1

    Dismissal then Reapply

    I am confused? We filed Chap 13 in March of this year. We were making our monthly payments on time. Then my husband lost his job and our payments were suspended for 3 months(have to start back making a payment Oct.1). During the time of suspension, my husband has gotten a job making 13K less and I have had to take 1 week furlough. (Not sure if the furlough will continue or not.) I spoke with my lawyer today and he told me that we could let the case be dismissed, (should be dismissed by the end of the year)then refile and start over with a less payment. Does this sound accurate?
    I am new to bk and to the site. I hope my question makes sense

    Thank you
    Tags: None
    #2
    You possibly can convert to a CH7 based on your circumstances. Please do a search on 'conversions' in the 'Search Feature' of the Forum. It is very likely that this question has been asked and addressed before.

    Welcome to the Forum. There are many members onboard who have better experience with CH13. They will post their opinions, I am sure.

    My best~~~
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      Thank you So very much!!!

      Thank you So very much!!!

      Comment

        #4
        Originally posted by Upstream64 View Post
        I am confused? We filed Chap 13 in March of this year. We were making our monthly payments on time. Then my husband lost his job and our payments were suspended for 3 months(have to start back making a payment Oct.1). During the time of suspension, my husband has gotten a job making 13K less and I have had to take 1 week furlough. (Not sure if the furlough will continue or not.) I spoke with my lawyer today and he told me that we could let the case be dismissed, (should be dismissed by the end of the year)then refile and start over with a less payment. Does this sound accurate?
        I am new to bk and to the site. I hope my question makes sense

        Thank you
        Instead of letting your case dismiss, and then refile with a lesser payment, couldn't your attorney just have your plan modified?
        Filed: 5/22/07; 341 Hearing: 6/27/07;
        Confirmed: 8/13/07; DISCHARGED 4/17/2012

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          #5
          not all districts are open to modifying plans. I know in my district it is seldom done. If the OP doesn't qualify for a chapter 7, then dismissing for non payment and refiling is the quickest way.

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            #6
            Thank you for your response

            hi.. thank you for your quick response. i have just placed a call to my lawyer to ask additional questions.

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