Legal Question in Bankruptcy in Texas

Can you refile for Chapter 13 if it is less than 1 year

I filed Chapter 13 last August. I was having trouble making my house payment and the mortgage company submitted to the court to have the stay lifted so they could foreclose. We decided to sell so they gave us 2 months. My mother says that I can refile and have the arears from this last year placed in a second (modified plan) in order to start over again. Is this true?


Asked on 10/16/04, 12:11 am

1 Answer from Attorneys
Andrew Nichols Law Office of Andrew B. Nichols

Re: Can you refile for Chapter 13 if it is less than 1 year

Yes, you can refile another chapter 13 case. You have to be careful and follow through this time. If you were to file a third case the Trustee might file an objection arguing that you are abusing the bankruptcy system. Please feel free to call me to discuss this. ph.(214) 637-0713

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Answered on 10/30/04, 8:19 am


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