Expert: Terry Leeders - 12/29/2008

Question
I filed for chapter 13 in 11/06, it was confirmed and my employer was making payments to my trustee as required. I did not submit my tax refunds to the trustee (honest mistake) as I had received the confirmation notice from my attorney and the box that states you are required to turn over tax refunds to the trustee was NOT checked and I incorrectly assumed that meant I was free to keep them.  My case was dismissed in June 2007 with about 7 months to go until I was discharged.  Can I refile my orignal case? Can I file a new case?  Since that time, I have walked away from my condo so there's no mortgage to pay.  I need help and want to know my options.  Thanks.

Answer
you can refile a new case.  You can talk to your attorney about recalculating based on the changes in circumstances. You might even qualify for Chapter 7.  If you do another 13, then your automatic stay is only good for 30 days,unless your lawyer brings a motion to extend it to the end of the case.