That means that you were under a strict compliance order, because you had missed Chapter 13 plan payments, and the Chapter 13 Trustee has already filed a motion to dismiss your case. Chapter 13 is easy once your plan is confirmed; make your payments and pay out your case, or your case gets dismissed. If you do not want your present case to be dismissed, make the plan payments that are due.
There are not enough facts to be able to answer your question. If your mortgage payment was part of your plan and you have missed a number of plan payments, then it is likely that your mortgage arrears is larger now than than the amount that was included in your current plan. If that is the case, it is likely that your plan payment in the new case will be larger than your plan payment is in the current case.
When you file the second case, your automatic stay will terminate in 30 days unless you file a motion to extend the stay in time for a hearing to be conducted on your motion within the first 30 days of your new case. If any creditor objects to your motion, you must establish why your new case will be successful even though your first case was not successful. If your income has not increased or your living expenses have not decreased, it is likely that the court will not grant your motion.
If a motion to lift the automatic stay has been filed at any point for any reason in your case, then you will not be able to file a new case for 180 days if you voluntarily dismiss your current case.
Your other option is to file a motion to modify the chapter 13 plan asking to include the post petition arrears in the plan. If your motion to modify is granted, then your plan payment will probably even higher than the plan payment in the new case that was discussed above. For the court to grant your motion to modify, you must establish that there has been a material change in circumstances and also that you have the ability to fund the modified plan. Just like the motion to extend in the new case, if your income has not increased or your living expenses have not decreased, you have very little chance of success.
If you filed your last chapter 13 pro se and your case is about to fail, then your chapter 13 case is among the 99% of pro se chapter 13 cases that fail. You would be better served this time to retain the services of an attorney.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
Mr. Gambrell provided you with an extremely thorough answer. I echo his comments. Please use this weekend to research attorneys on line. Click on "Find a Lawyer." It sounds like you may have filed the case on your own without an attorney. The problem with this is that you may not have accurately calculated your monthly expenses and as such may have assumed you would had more disposable income than you really do. Or maybe you suffered from a material change in your life that caused you to fall behind. Before you make this decision, arrange for a free consultation with an experienced attorney who can best advice you. Best of luck, Barbie D. Lieber
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All depends on how far in you already are and why you defaulted in the first place. Go meet a BK lawyer for a free consultation and ask these questions.
If you have an attorney, you should discuss your options with your attorney. If you filed your case pro se, you should contact an attorney competent in Chapter 13 cases to explore your potential options. There is not enough information in your post to provide you with specific guidance.
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