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 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.

Free Bankruptcy Evaluation

Free Bankruptcy Evaluation

First
Last
What type of debts do you have?

About Author

Terrance Leeders

Chicago Bankruptcy Lawyer, husband, father, Cubs fan.