Expert: Terry Leeders - 9/4/2008

Question
In IL how soon after a Chpt 13 has been dismissed can it be re-filed. Would I get the same judge and trustee? Judge already stated on the record I could re-file.

Thanks for your assistance.

Answer
You can refile at any time once dismissed if you did not voluntarily dismiss the case (assuming the judge didn't bar you 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 you'll have the same trustee.  Cook county has a handful of judges, but the surrounding counties you'll have the same judge.

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 #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.