refiling chapter 13 Archives - Chicago Bankruptcy Lawyer LEEDERS LAW Tue, 21 Nov 2023 19:37:49 +0000 en-US hourly 1 https://wordpress.org/?v=6.9 https://leederslaw.com/wp-content/uploads/2022/03/cropped-cropped-cropped-Leeders-Law-Logo-e1677182027648-1-32x32.png refiling chapter 13 Archives - Chicago Bankruptcy Lawyer 32 32 Refiling Chapter 13 in IL https://leederslaw.com/refiling-chapter-13-in-il Thu, 04 Sep 2008 23:26:00 +0000 http://leederslaw.com/refiling-chapter-13-in-il A client just asked me today about the chances of refiling another chapter 13 once their current case gets dismissed for lack of payments to the trustee toward their plan. A debtor can refile at any time once the first …

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A client just asked me today about the chances of refiling another chapter 13 once their current case gets dismissed for lack of payments to the trustee toward their plan.

A debtor can refile at any time once the first case is dismissed if the debtor did not voluntarily dismiss the case (assuming the judge didn’t bar them for 6 months).
There are only 2 trustee’s in cook county, 1 in rockford, and 1 in the collar counties, so the chances are good that the debtor would get the same trustee. Cook county has a handful of judges, but the surrounding counties you’ll have the same judge in the 2nd case.

Speak to a lawyer as you lose protection against your creditors after 30 days with a 2nd chapter 13 in a years time. If this would be case #3, you get no protection upon filing. This protection can be extended by motion though however. As long as you can show the court a positive change in circumstances, then you will have a great chance at getting the 2nd case confirmed with the court.

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