Expert: Terry Leeders - 9/19/2007

Question
I am in a chapter 13 that has been ongoing since December 2005. I filed in Colorado and now live in Washington state. Since moving i have a creditor filing to dismiss my chapter 13, my lawyer is not very good and says that he may file a objection if he has time. But what i really need to know is that if they succeed with the dismissal what are my options. Can i re-file here in the state that i live or do i have to re-file in Colorado, either way i need a better lawyer.

Answer
You can re-file in Washington if you have been there 91 days. Keep in mind, you will only get 30days protection from your creditors, so your new attorney will need to bring a motion to extend your automatic stay protection.  If you can salvage the other case, that still would be in your best interest, so get on your lawyer to represent you.