Dismissing and Re-filing a Chapter 13
There are certain circumstances where you may want to dismiss your chapter 13 case and refile. You do have the ability to do this. There are certain circumstances where you may have to wait six months to refile. This would be the case where you want to dismiss the case on your own and there has already been a motion to modify the automatic stay filed in your case. If you bring a motion to dismiss in that type of case, then you must wait out the six-month filing waiting period
On the other hand, if the trustee brings a motion to dismiss, you have the ability to refile at any time unless you are barred from refiling. We typically only see a bar to refiling after multiple cases and evidence of bad faith on the part of the debtor.
The video above talks about a particular fact pattern where a case is going to be refiled as it relates to an auto. For more information on chapter 13 and your ability to refile a case, contact the office at 847-520-8100. Our attorneys will always offer a free, initial consultation and the advice can be incredibly important to your financial life.
