Ok heres the thing, our chapter 13 is in the process of being dismissed without prejudice Tuesday Nov 2 our 14 day period is up. What does that mean exactly? Can we refile Chapter 13 right away? We are in Florida BTW if that matters. Would we have to go in and redo our plan?
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Last edited by helpinflorid; 10-27-2010, 01:09 PM. -
What do you mean in the process? Do you mean there is a motion to dismiss? Who filed the motion a the trustee or a creditor ? I doubt you filed the motion because you are stating you want to refile. Why refile when you can keep the current case from being dismissed? Are you Pro Se or do you have an attorney. You need to find out why the motion to dismiss was filed and you need to correct it. What makes you think the judge is going to dismiss your case without prejudice? I am not sure if you case can be dismissed without prejudice and the judge still won't enjoin you from filing another case immediately. He she may enjoin you for up to 180 days. You should need to stop your case from being dismissed if it is dismissed you got the fees again all the schedules etc. -
Well our trustee filed the motion to dismiss, our lawyer then filed a motion to vacate or something like that to stop it and we got papers from the court says it could be dismissed without prejudice in 14 days if our lawyers dont come forward i guess to reinstate it. Would we have to redo our plan as well? Like we would love to give our truck up and take that off the bankruptcy which would help us out alot, seeing as all we are interested in is keeping our home.Comment
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If your case is dismissed you would have to submit a new plan. What has your attorney said? Is he/she communicating with you? Why did the trustee file the motion ? It has to be something you didn't do. Have you filed all your schedules did you send your pay advices and last yr tax return into the trustee. You need to find out why the trustee has filed the motion and then you need to try and see if you can correct whatever the errors are.Comment
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