How long to I have to wait to refile chapter 13 after my case is dismissed?

[confused12]

If my chapter 13 case gets dismissed or if I dismiss my case on my own, how long would I have to wait to refile a new chapter 13 case? Thanks.

[Pandora]

Why dismiss at all? Not quite understanding why you'd dismiss only to refile Ch. 13 since you stated you worked things out with your creditor in a previous post? I think you need to sit down and really think about why you filed in the first place; dont dismiss if you know you'll only refile later. Makes no sense...

[confused12]

The workout may now fall through and I'm behind on mortgage payment so my case may get dismissed. I would have to refile chapter 13 in order to not loose my home. How long would I have to wait to refile the chapter 13 if my case gets dismissed or if the automatic stay gets lifted? Thanks.

[despritfreya]

If you voluntarily dismiss the case AFTER the filing of a Motion to Lift Stay, you must wait 6 months to file another case.
If you voluntarily dismiss the case BEFORE the filing of a Motion to Lift the Stay you can file another case at any time.
If your case gets dismissed because you "willfully" disobeyed a court order you must wait 6 months to file another case.

If you file a 2nd case within 1 year of the dismissal of the 1st case you must ask the court to extend the automatic stay beyond 30 days.

Des.

[confused12]

Thanks Des! So if the mortgage servicer tries to lift the stay and the judge grants it then do I still have to wait 6 months to file another chapter 13 case or could I file one as soon as the servicer tries to proceed with foreclosure after the stay is lifted? Thanks again!

[despritfreya]

So if the mortgage servicer tries to lift the stay and the judge grants it then do I still have to wait 6 months to file another chapter 13 case or could I file one as soon as the servicer tries to proceed with foreclosure after the stay is lifted?

11 USC 109(g) states:

". . . no individual. . . may be a debtor under this title who has been a debtor in a case pending under this title at any time in the proceeding 180 days if . . .(2) the debtor requested an obtained a voluntary dismissal of the case following the filing of a request for relief from the automatic stay. . ."

The granting of the motion for relief is not the issue.

Now, if you were to ask me if I have filed cases in “violation” of this provision, the answer is “yes” - on rare occasion - better be a darn good reason. However, it must be understood by my client that the subject of the lift stay motion is to be surrendered in case #2 or we must have an adequate protection agreement with the creditor before case #2 is filed.

Des.

[confused12]

Thanks so much for your help Des!