My Chapter 13 Bankruptcy is being dismissed for missing payments. Can I re-file?
Chapter 13 Bankruptcy means that you are making one payment each month to the bankruptcy trustee, for distribution to your creditors. If you fall behind and stop making your payments, the trustee will file a motion with the court asking that your Chapter 13 case be dismissed, leaving you without the protection of the court or your 13 plan. If the trustee has filed a motion but it has not yet been dismissed by the judge, it might not be too late. Before making any decisions, look at your reason for falling behind. Was the plan unrealistic to begin with or did something happen in the meantime which is now resolved, allowing you to stay current with your payments in the future? If there was a problem with your plan, speak with your bankruptcy lawyer immediately to see what possibilities exist for you to modify your plan, which may be easier if there has been a change in your circumstances such as reduced hours at work. Another possibility might be working something out with the bankruptcy trustee to defer your default to the end of the plan. However, if your bankruptcy has already been dismissed, you may be able to re-file but first, look into whether or not it makes sense to do so. If you do refile your chapter 13 bankruptcy, be sure to also file a motion to extend the automatic stay, as they are only good for 30 days on a refiled case.