When to file another chapter 13 bankruptcy case?

When to file another chapter 13 bankruptcy case?

If you don’t think you can meet the good faith requirement, it may be to your advantage to hold off filing another Chapter 13 case until one year after the first dismissal.

Do you have to refile your chapter 13 case?

If you believe that your original Chapter 13 plan will succeed, it’s often best to avoid the need to refile your Chapter 13 case by making a motion to reinstate you case. You have to file the motion to reinstate before the trustee actually closes the case.

When to refile a bankruptcy case that was dismissed?

The answer will turn on exactly why your case was dismissed. If you’ve dismissed your case in bad faith or it appears you’re trying to game the system, you might have to wait 180 days before refiling. Section 109 (g) of the Bankruptcy Code prevents a debtor whose case was dismissed from filing another bankruptcy for 180 days if:

When is a debtor ineligible for a chapter 13 discharge?

A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case.

What to do with your money after filing Chapter 13?

If you file a Chapter 13 bankruptcy petition and your case is confirmed, you have shown the court and the Trustee that you have sufficient income to pay your ongoing expenses and also repay your creditors in part. The money you make after the filing date should first be used to make your monthly plan payment to the Trustee.

What happens to your credit score when you file Chapter 13?

Filing for chapter 13 bankruptcy will damage your credit for seven years (unless removed), lowering your score up to 240 points. You can get an secured credit card at any time, even if you have filed for chapter 7 or 13 bankruptcy. However, your approval odds are low.

When to refile after a chapter 13 case is dismissed?

Limitations on the Automatic Stay When You Refile. If you don’t think you can meet the good faith requirement, it may be to your advantage to hold off filing another Chapter 13 case until one year after the first dismissal.

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