Legal Question in Bankruptcy in Texas
Chapter 13 dissmissal
I live in north Texas. If I have filed chapter 13 and was unable to make my first payment and my case is dismissed. What is the waiting period to refile?
Asked on 1/08/08, 5:00 pm
1 Answer from Attorneys
Rogena Atkinson
The Law Offices Of R.J.Atkinson,LLC
Re: Chapter 13 dissmissal
You can refile immediately, but you are not entitled automatically to the court's protection for more than the first 30 days of your case. You must file a motion requesting an extension of the automatic stay be extended for the length of your case. The basis for granting such a motion generally is determined by your ability to show a "change in circumstances" between your first, and current case.
Answered on 1/13/08, 6:33 pm
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