Legal Question in Bankruptcy in Massachusetts
Chapter 13 dismissal and refiling
Our lawer has proven no good for us and recently the mortgage company has made a motion to be released from our chapter 13 case for failure to pay. Can we seek other councel, have the case dismissed and refile right away to save our home.
2 Answers from Attorneys
Re: Chapter 13 dismissal and refiling
You always retain the right to employ new counsel. Be careful in dismissing your current chapter 13 with the intent to refile. The Federal Laws may prohibit another filing. There are circumstances that would permit such a move. Discuss this matter with competent counsel. Keep in mind, you must stay current with post petition mortgage payments or the chapter 13 plan will not be feasible.
I hope this helps.
Michael Eramo
Re: Chapter 13 dismissal and refiling
You always have the right to change lawyers. However, I would not suggest dismissing the case because you might not have the right to file again right away. It would be better to try to fix whatever is wrong in the present case. Call me if you would like to discuss your case.
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