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Whether you should refile your Chapter 13 bankruptcy case depends on several factors. Why your claim was dismissed, how your financial outlook has changed, and any other available debt relief options play a role in your decision. If a Rutherfordton bankruptcy lawyer represents you, they can clarify your options and guide you toward the one that best fits your circumstances.
Many bankruptcy law firms offer free consultations. This is your opportunity to describe your initial filing and why it was dismissed. It is also your chance to learn more about the law firm and its lawyers and staff. Finally, it gives them a chance to delve into the details of your case and start developing a strategy that can give you a fresh financial start.
Define Why Your Initial Chapter 13 Bankruptcy Was Dismissed
Chapter 13 allows bankruptcy filers to reorganize their debt into a manageable repayment plan. If your case is dismissed, you must attend a dismissal hearing where the reason for dismissal will be clarified.
The court-appointed bankruptcy trustee can request a dismissal, and under certain circumstances, you can request a voluntary dismissal. A dismissal will effectively end your bankruptcy case, and you will still owe all outstanding debts.
Common Reasons Chapter 13 Bankruptcy Cases Are Dismissed
Refiling your Chapter 13 bankruptcy case typically means a bankruptcy judge dismissed your initial filing. Why that happened can affect your ability to refile. Some common reasons for Chapter 13 dismissals can include:
- Nonpayment: Missing one or more of the agreed-upon reorganization plan payments is one of the primary reasons for bankruptcy dismissal. In addition, missing monthly payments can actually increase your debt load since you will incur interest and fees.
- Filing errors: Filing your petition correctly is crucial, but it can be hard to do without a lawyer on your side. Your trustee will investigate your filing and all its components to ensure accuracy. Any error can lead to dismissal. An experienced bankruptcy attorney can help you file a complete and accurate application.
- Chapter conversion: You can convert your bankruptcy from Chapter 13 to Chapter 7 if it better suits your financial situation. If you choose this option, a lawyer can help you complete this complicated legal process and reap the potentially greater benefits of Chapter 7 bankruptcy.
Knowing whether you should refile your Chapter 13 bankruptcy case starts with knowing why it was dismissed. A bankruptcy lawyer can help you understand the process and outline your refiling options.
How the Chapter 13 Bankruptcy Refiling Process Works
An initial bankruptcy filing is complex, and a refiling can be even more so. While you are not required to have a lawyer when you file, having one by your side can have many benefits. The refiling process includes all of the following steps:
- A careful analysis of your initial filing
- Assembling the required documents
- Filing a new petition and repayment plan
- Attending credit counseling, if applicable
- Establishing your changed circumstances
- Filing a new request for an automatic stay
To refile, your original case must be dismissed without prejudice. Your lawyer can help you navigate the court system and get the type of dismissal that allows you to refile.
Refiling Under Chapter 13 Versus Converting to Chapter 7 Bankruptcy
Rather than refiling for bankruptcy under Chapter 13, you might be eligible to file under Chapter 7 instead. Start by establishing your Chapter 7 eligibility. Accordingly, you must:
- Not have had a recent Chapter 7 discharge
- Clarify your reasons for converting Chapters
- File a mandatory Statement of Intention
The process typically involves the following steps:
- Consider hiring a bankruptcy lawyer
- File the required notice and pay the filing fee
- File amended bankruptcy schedules
- File a Statement of Intention if necessary
- Consider how the automatic stay is affected
- Pay any required penalties and interest
The bankruptcy court has the final approval on your conversion. A bankruptcy attorney can clarify the difference between Chapters 7 and 13 and ensure you choose the filing option that will give you the greatest amount of debt relief.
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The Benefits of Working With a Bankruptcy Lawyer in Your Area
Filing for bankruptcy pro se (without a lawyer) can be a complicated and stressful process. To avoid the potential complications of filing alone, you should understand how an experienced attorney can support your filing. They can:
- Manage paperwork, including forms, schedules, and filings
- Assess your situation and draft a customized repayment plan
- Serve as your advocate at all meetings, hearings, and appearances
- Advise you on Chapter choices and other critical legal matters
- Identify exemptions per the specific guidelines of your state
Even the U.S. Courts acknowledge the difficulty of declaring bankruptcy without a lawyer. If you choose to work with one, they can provide guidance and direction each step of the way.
The Costs of Hiring a Bankruptcy Lawyer to Refile or Convert a Chapter 13 Filing
Your initial consultation with a bankruptcy lawyer is often free. Ongoing costs can vary greatly, so the best way to understand legal fees is to consult a local law firm. The team member you speak with will clarify their fee, provide an overall estimate of your anticipated expenses, and answer your questions.
Get Legal Support for Refiling Your Chapter 13 Bankruptcy Case
If your initial bankruptcy filing was dismissed, our lawyers can help you decide if you should refile your Chapter 13 bankruptcy case. We can also clarify the steps you must follow to get the debt relief you need.
Get legal advice and learn more about the benefits of hiring Farmer & Morris Law, PLLC, to guide you through the bankruptcy process. Contact our legal team for your free bankruptcy consultation now.
