If I filed Chapter 13 abot 2 years ago, can I re-file or request that the court approve a new payment plan now?

UPDATED: Apr 8, 2013

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If I filed Chapter 13 abot 2 years ago, can I re-file or request that the court approve a new payment plan now?

My case was dismissed about 6 months ago because my payments started at $383 and kept jumping up so that at last count it was $800. I was unemployed at the time and was receiving unemployment compensation. I now have 2 jobs.

Asked on April 8, 2013 under Bankruptcy Law, Alabama


A J Mitchell / Law Offices of A. J. Mitchell, LLC

Answered 9 years ago | Contributor

Yes, you can refile.  However, if you do so within 12 months of your dismissal date,  you will have to file (and the court will have to grant) a Motion to Extend the Automatic Stay in order to maintain protection from creditors beyond 30 days of filing.  Just curious -- why not file a Chapter 7 instead of a Chapter 13?  You should consult with a bankruptcy attorney to see whether or not you qualify for a Chapter 7.  Among other things, it would cost considerably less and you will obtain a discharge much sooner.

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