There are times when it is hard to keep a Chapter 13 bankruptcy case going. If you can’t make the payments it can sometimes be hard to catch up. One advantage of a dismissal and a refile is that you might have had a car for more than 910 days before the filing of the second case, then you can cram it down and pay only the vale of the car, even if it a lot less than what is owed.
Just make sure the dismissal is without prejudice so that you are allowed to file again. If dismissal is due to your inability to make payments that is usually without prejudice.
In the new case you will have to file a motion to extend the automatic stay or impose one if you had two cases pending within the previous year. It is always best to talk to your attorney and weigh the options very carefully, but a lot of times it is better if the case is dismissed and you get to start over.
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by Alex Wathen, Board Certified Consumer Bankruptcy Law – Texas Board of Legal Specialization
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“Honest people are routinely taken advantage of by powerful banks and finance companies who know the rules. I work to level the playing field.”
Alex Wathen, San Antonio Bankruptcy Attorney-Lawyer
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