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My 13 is being dismissed for lack of payment can I refile .: Our income is good for paying this back but we ran into a situation which was personal funds given out and lead us unable to keep these payments. That has been corrected and we are back on trac

Asked 4 months ago in Chapter 13

Joseph’s answer: There is too much information required to determine the ability to re-file. Usually, one can do so.
However, just because there is motion to dismiss your Chapter 13 doesn't mean it will be dismissed. It is possible to keep the Chapter 13 going by getting caught up with payments either at the first court date or at a continued date. It is sometimes possible to defer the past due payments to the end of the plan.

I would assume that you filed this Chapter 13 on your own and not through an attorney. If you have an attorney, he/she should be helping you with this. If not, contact and experienced local attorney for advise to see about the feasibility of keeping this case going or letting it be dismissed and filing a new Chapter 13.

I hope this helps.

Answered 4 months ago.


I have a lien on my home from a bank that filed after my chapter 7 bankruptcy was discharged and want to know if it survives.: I am seeking a refinance of my mortgage after a bankruptcy. I am 8 years after the BK discharge

Asked 6 months ago in Chapter 13

Joseph’s answer: If the lien was filed after the filing date of your bankruptcy petition, it would be for a debt incurred after the filing of the bankruptcy. Normally, it should be for a debt incurred before the bankruptcy was filed.

If that is the case, the bankruptcy does not help you with what are known as post-petition debts.

If the lien was filed against the property before the bankruptcy was filed, if it was a lien based upo a judgment, depending upon the value of the property at that time, the mortgage balances and the amount of the lien, that lien could be avoided, even after all these years.

It would be best for you to contact a local experienced bankruptcy attorney.

Answered 6 months ago.


Question regarding Chapter 7 Bankruptcy filing: THIS IS A QUESTION FOR A BANKRUPTCY ATTORNEY, NOT AN INSURANCE ATTORNEY. Please post in the correct area.



I will be filing Chapter 7 Bankruptcy pro se. I have a renters insurance policy and I need to know how to list it on schedule 106 a/b. Does this type of policy have a surrender or refund value?

Asked 7 months ago in Bankruptcy

Joseph’s answer: I see no need to list the renters insurance. It is not an asset. Has no monetary value.

You would list the monthly rental isurance charge in schedule J.
I hope this helps.

Answered 7 months ago.