Expert Advice When You Need It Most

A persons chapter 13 was dismissed for missed payments, how soon can they file chapter 13?

mortgage is up to daste but missed about 10 chapter 13 payments

Save

Attorney answers (1)

Avvo Pro

Reputation Level 13
The bankruptcy code says that you cannot refile for 180 days if you failed to make payments. However, this does not stop most debtors if they can assert that there is a changed set of circumstances.

Also, you should be aware that the bankruptcy stay that you get the second time around will only last for 30 days and that your attorney will have to immediately bring a motion to extend it.

There is a lot of information on my blog about repetitive filings. Search for that term to find the posts.
2 people marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now