Can you refile a chapter 13 after it being dismissed for missed payments?

[21bwife]

My parents had been paying for about 4 years on their Chapter 13 when my mom stopped paying the payments. It was eventually dismissed. They are now being attacked by the creditors that were included. Can they refile? It was dismissed about 6 months to a year ago.

Thanks in advance. I did a quick search and didn't see what I was looking for so I appologize if this is something that has been answered many times.

[21bwife]

I just looked up their case on pacer and it was dismissed in 2009.

[shark66]

Yes, they can refile right here and now, if the case was dismissed for non-payment or any other "without prejudice" reason.

Good luck.

[21bwife]

Thank you! I appreciate your response!

[lrprn]

In case your parents are considering refiling with the same plan, instead they need to work with an experienced bk attorney in their area to re-examine their financial status and see if their disposable income is the same.

Why did your mother stop making payments after four years in? That's such a shame because all the money that was paid into the first Ch 13 was wasted . I hope that whatever happened doesn't happen again this time. Good luck to them!

[HHM]

If they already have one failed plan, time to take stock and figure exactly what needs to be accomplished. Can they refile, yes. Which chapter of BK "should" they file and what do they need to do...that is the discussion that must take place.