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Withdrawing from Chap.13

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    Withdrawing from Chap.13

    If A person withdraws from a Chap.13, is he allowed to refile 13 or a 7 at a later Date?

    #2
    Originally posted by lsmartin View Post
    If A person withdraws from a Chap.13, is he allowed to refile 13 or a 7 at a later Date?
    Yes.

    Keep in mind that when your Ch 13 is dismissed, your creditors will add on penalties and late fees for the time you were under Ch 13's automatic stay to what you owed them when you filed. All the collections calls and bills in the mail will start up again in earnest as well very quickly.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Originally posted by lsmartin View Post
      If A person withdraws from a Chap.13, is he allowed to refile 13 or a 7 at a later Date?
      Yes. However, if you are filing pro se, you may need to deal with the so-called first day motions. There are rules in the bankruptcy laws to prevent "serial filers" from abusing the bankruptcy system's automatic stay.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment

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