Joliet Bankruptcy Lawyer On Chapter 13 Dismissals

If your case is dismissed, you will have an option, in most cases, to re-file the bankruptcy.  By re-filing a bankruptcy, you are going to have to submit to the credit counseling session, the providing of tax returns and the providing of pay advices as well as pay another filing fee with the Clerk of the United States Bankruptcy Court.  You will also have another 341 meeting of creditors and you will have to start paying the trustee once again. 

If you have had a case dismissed within the last year and you re-file under Chapter 13, then the automatic stay will only extend for 30 days.  What you have to do or what your attorney has to do is bring a motion to extend the automatic stay as to all creditors and that motion must be brought and heard within 30 days after filing the case.  In most cases, this motion to extend the automatic stay is being granted by the court.  

According to the court, you must show a change in circumstances as to why this case is going to work where the last case did not.  Some of the reasons for change in circumstances have to do with increased income or lack of an issue before that caused it to dismiss.  And basically the courts are pretty lenient on allowing the motion to extend stay as they are pretty much going unopposed.