Dismissing A Chapter 13 Bankruptcy Case To Re-File

This video talks about the ability, at times, to dismiss a Chapter 13 bankruptcy case in order to re-file another Chapter 13 bankruptcy case.

Jesse Barrientes:         Let’s take the situation that we were talking about before about getting credit.  So if we are getting credit for an automobile, let’s say that it becomes difficult for me because of the reasons you said.  Can I dismiss my 13 and refile it?

 David Siegel:               You can.

Jesse Barrientes:         And include that automobile that before was post petition?

David Siegel:               Yes, if you dismiss your case and then refile, you are basically starting over.  That new filing date controls.  However, if you have a case dismissed within a year of refiling, then you must bring a Motion to Extend the Automatic Stay to get the full bankruptcy protection.

Jesse Barrientes:         Within how long?

David Siegel:               If a case is dismissed within one year of filing a second case, you have to bring a Motion to Extend the Automatic Stay otherwise that stay expires after 30 days. Some judges have felt that it extends to the stay applies to the bankruptcy estate.  Others have said it only applies to the debtor personally and not to the property.  So you want to be really careful about dismissing and refiling.  Plus you have another filing fee, another 341 meeting, another confirmation hearing.


Jesse Barrientes:         So just starting all over again.  But in some circumstances, it might be advisable.  That’s why each situation is different and you need to talk to somebody who can help you out there.


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