Q: I am behind on my bankruptcy chapter 13 payment for 1 month. 2 months behind mtg pmt post. Should I dismiss an refile?

A: I'm most familiar with bankruptcy as applied in PA, but my experience in various states, including OK, TX and GA, as well as DE and NJ, is that Ch. 13 trustees differ by region, and even among themselves, as do Judges.

Based on that experience, with both Trustees and the Courts keeping track of "serial filers", we'd recommend doing what you can to stay in your current proceeding, and negotiate/work with those who might try to squeeze you out.

You will need experienced bankruptcy counsel to guide you through, so confer with a seasoned bankruptcy lawyer in your jurisdiction at your earliest about your best path forward,

A: I would not recommend dismissing and refiling your Chapter 13 bankruptcy without careful consideration and advice from your bankruptcy attorney. Here are a few important things to keep in mind:

1. Refiling timeline: If you voluntarily dismiss your Chapter 13 case, you can generally refile immediately. However, if you have had a previous bankruptcy case dismissed within the past year, you may face a temporary automatic stay limitation (30 days for one prior case, no automatic stay for multiple prior cases).

2. Consequences of dismissal: Dismissing your current case means you will no longer have the protection of the automatic stay, and creditors can resume collection efforts, including foreclosure proceedings on your mortgage.

3. Accumulated debts: The new debts you have accumulated will need to be addressed in your new filing. This may result in a higher monthly plan payment or a longer repayment term.

4. Mortgage arrears: Refiling will not eliminate the mortgage arrears that have accumulated. You will need to propose a plan that addresses both the pre-petition and post-petition mortgage arrears.

5. Trustee payments: Your new Chapter 13 plan will need to account for the missed trustee payment from your current case.

Before making a decision, discuss your situation with your bankruptcy attorney. They can help you weigh the pros and cons of dismissing and refiling, and explore alternatives such as modifying your current Chapter 13 plan to address the missed payments and new debts. Your attorney can also advise you on the best course of action to protect your home from foreclosure.