Chapter 13 refile

Letter to “Ask Leon”

I am in a chapter13 right now, but I received a letter from the trustee a motion to dismiss because failure to make payments under plan I am two months behind because I was laid off from my job, now I found a better job better pay steady income if my case gets dismissed can I file for a new chapter13?

Leon Says…

You may be able to refile, but the procedures to get a stay against your creditors is complicated and might not be granted. I think you would be better off trying to salvage the present case. You could oppose the trustee’s motion, by showing that you missed the payments because you were unemployed, you are now back to work, and that you will seek to modify your plan by proposing a reasonable method of curing the default. All of this may be difficult to do on your own, and I hope that you will have a lawyer do it for you.