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Dismissal Without Prejudice

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    Dismissal Without Prejudice

    First time poster, long time reader.

    We filed ch. 13 late last year, but we were not very well organized regarding expenses. Our attorney mostly handles chapter 7 cases, and I think was not best prepared to straighten us out. Though I do think he did the best he could with what we gave him to work with.

    Anyhow, he is filing a motion to dismiss today 'without prejudice'. This is the good one, right? We're dismissing just because we need to get organized and file again in a few months a sound plan. I know some cases get dismissed and can't refile again for a while.

    The main reason we decided to quit & start over later: a car we were going to keep has died and we MUST get a new one AND DH has very good prospects of getting a better job in 2-3 weeks. He is working only part time now... There is no way we can get anything reasonable (APR) with our credit but we got approved online for Roadloans @ 24.99% APR. Our plan is to buy a $10-12k car, with $1,500 down. Then include that when we refile. Attorney doesn't think this is a problem, but like I said I think he does more 7's than 13's.

    Will have to account for afterschool care for the new plan as well as Hubby's raise in pay if all works out. Comes out to only a slight increase in net income - so slight increase in plan payment by about $80. That will be a little better as the years go by and the kids get older and don't need after school. But we'll have a reliable car. (At the expense of unsecured getting practically nothing.) And I feel our family will be on better ground, since full time jobs don't come along every day...
    Ch. 7 in 2005 - catalyst was a 2003 car accident and major rehab/physical therapy/time lost from work
    Ch. 13 in 2010 - catalyst was poor financial decisions + loss in pay + increase in living expenses

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