Refiling for Chapter 13 Bankruptcy?


I filed chapter 13 but it was thrown out when I fell sick and couldn't make payments due to no job. Did I make it worse on myself or do I just do it over again?


I don't receive anything as for as bills for what I had filed the chapter 13 for. Any advice would greatly be appreciated. Thank you.

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March 18, 20090 found this helpful

I would ask an attorney. If you can't afford one contact your state or city government. They should be able to provide you with the names of attorneys who do work for no or little charge.

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March 19, 20090 found this helpful

Usually it goes chap 7 or 11 first. If it already is in 13 and you have faced your creditors in federal court it should all be settled usually your attorney is always paid before it gets to this step. If your creditors did not show up to agree to write it off or make smaller payments. You should be safe. I have never heard of having to PAY anything after 13 goes into federal court.


I don't belive you can make an ammendment. 13 is final. Call your attorney on that one. Only if you reassumed pmt's like house or car and you can't make those payments, in Indiana you loose them back to to lein holders. Again call your attorney

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March 28, 20090 found this helpful

You should contact a BK attorney. Your prior trustee may also be able to give you instructions. If your BK was thrown out for non-payment, you may be forced into a Ch 7 when you refile. You haven't received any bills or notices from creditors YET but you likely will once they are notified that the automatic stay is no longer in force and you're no longer in bankruptcy.


When collection activity begins again, it will begin with a vengeance and threats of lawsuits, etc. If you can't pay these bills, you need to see an attorney and begin the paperwork to file again ASAP. Hope this helps and good luck.

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Budget & Finance BankruptcyMarch 18, 2009
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