Expert: Terry Leeders - 5/15/2008

Question
The Ch.13 Trustee moved for a dismissal of my case due to my moving out of state. I had moved before my payment plan was approved by the court. I had, however made timely and complete payments per my payment plan proposal. He recommended dismissal to allow me to refile in my new residence. At the advice of my attorney, I moved to have my case dismissed for this veery reason. The court agreed and dismissed it. So, can I refile now in my new location or am I barred for 10 years? If I can refile, what is the typical time limit on refiling? Thanks for any help you can provide. I filed in November 2007 and the Meeting of the Creditors was January 10, 2008. I moved on January 21, 2008. The first meeting was adjourned without any court decision on my proposal. It was to reconvene in March 2008.

Answer
You can refile in your new location, as long as you have been in the new location for at least 91 days.  You will have to file a motion to extend the automatic stay and explain to the court why this case will be more successful than the last.  Also, if a creditor had modified the automatic stay in your last case, and you brought a voluntary motion to dismiss on your own, then you would have to wait 180 days to file again.  If the trustee brought the motion, and there was no bar-date language in the order, then you can file once you establish jurisdiction in the new location.