In most cases, you can refile a Chapter 13 immediately following dismissal. But you might be barred from refiling for six months if you disobeyed court orders or voluntarily dismissed your prior case, especially after a creditor obtains relief from the stay.

How long do you have to wait to refile Chapter 13?

2 years after filing a Chapter 13 bankruptcy. Again, even if you are not eligible for a discharge based on a previous case filing, you can still file and benefit from full court protection and reduced debt payments for the plan duration.

Do you have to refile your chapter 13 case?

If you believe that your original Chapter 13 plan will succeed, it’s often best to avoid the need to refile your Chapter 13 case by making a motion to reinstate you case. You have to file the motion to reinstate before the trustee actually closes the case.

Can you hire another attorney in a chapter 13 bankruptcy?

You do have the ability to hire another attorney who can apply to the court for fees over the remainder of your chapter 13 case. I typically see someone who wants to refile a new case with the new attorney instead of trying to save the case that is already under some duress. There is one exception to this.

What to do if your chapter 13 bankruptcy is dismissed?

If your Chapter 13 bankruptcy case is dismissed because of nonpayment, you can appeal. But there are often better ways to deal with the problem. If you don’t make your Chapter 13 bankruptcy monthly plan payments, the bankruptcy trustee will ask the court to dismiss your case.

What to do if you can’t make your chapter 13 payments?

But keep in mind that the automatic stay (the order that stops your creditors from collecting while you’re in bankruptcy) isn’t always put in place when you file successive bankruptcy cases. Depending on when you file, you might have to ask the court to extend the automatic stay in your matter.