How long do I have before my creditors start coming after me?
I had a lawyer file my case for me; is he still my lawyer, or did our assocation end when my case was dismissed?
Am I entitled to any refund of undistributed funds that I paid into my plan? If so, how long will it take for it to be distributed to me?
Can I file another chapter 13 case? If so, how long must I wait to do so?
Once your bankruptcy was dismissed then the "automatic stay" is no longer in effect. The automatic stay is what prevent creditors from collecting against you. You will be responsible for any and all debts that were not paid in your chapter 13 case. In a lot of cases, it is best to modify your chapter 13 case or convert to a chapter 7 (if qualify) than to allow your case to be dismissed. Since your case has already been dismissed, then your creditors can start contacting you immediately for payment of the debts. If there were any judgments in place when you originally filed, then they can also start garnishing your wages and/or seizing property. Therefore, it is very important that you contact a bankruptcy attorney to determine and address your options. Your former attorney is no longer your attorney. If you wish for him to represent in a new case, then you will need to retain him for the new matter. His representation of you ended when your case was dismissed. You can file another chapter 13 as long as you can show there has been a change of circumstances for the better from your last case and the new case. This means if you can show why your case was dismissed and that reason has been resolved or your financial problems have improved then you may be able to extend the automatic stay in the new case. There is also the option of filing a chapter 7 to discharge your debts that you longer can afford to pay. There are certain types of debts in a chapter 7 which can not be discharged like student loan, child support, most taxes and fines. The important thing to remember is that you do have options available to you to help you throught this difficult time. Therefore seek advice of counsel immediately.
John Clayton ColwellChapter 7 Bankruptcy AttorneySan Diego, CA ·
Creditors can start coming after you as soon as they realize that the case has been dismissed. The dismissal extinguishes the automatic stay, and that stay is what was protecting you from collection efforts. Your lawyer is no longer on retainer nor responsible for your case, for a like and similar reason, your case has been dismissed. The distribution of funds paid in on a dismissed case will vary from jurisdiction to jurisdiction. You would be best served by contacting the Ch. 13 Trustee's office to determine how they deal with funds on hand in a dismissed case. You can file another Ch. 13 case. You can file it immediately, but as the prior attorney has advised, you will have to show a change of circumstances (depending on where you live, it may have to be a positive change, or it could be a negative change), and if you file within 1 year, you will have to file a motion to have the stay extended. Again, as suggested previously, you should either go back to your prior attorney, if you feel comfortable with him or her, or seek out counsel to assist you in the re-filing of the case and of filing the extension of stay motion. I suggest you use www.nacba.org to locate a member attorney in your area.
JCC
It is troubling that the chapter 13 changed so dratically. Most likely it was because of a poor chapter 13 plan to start of you underestimated certain debts to your attorney. Regardless they can pursue you immediately after dismissal picking up where they left off.Once the case is dismissed the attorney is no longer your attorney unless you retain him or her for a new case.
In Pa the amount you paid in would be refunded to you only if your case was dismissed prior to confirmation. However if the attorney had a balance due thru the plan jurisdiction can be asked to be retained to enter the fee order and revest or redirect the fees directly to the attorney for the fee balance. You have a right to contest this is you believe the fee balance was not earned
It's up to the creditors how quickly they re-start collections. You should have signed a written fee agreement with the attorney, and that will determine if the attorney still represents you. In many cases the dismissal also ends the representation, but in some cases it may not, depending on what the fee agreement says. Undistributed funds should be refunded, unless that plan was confirmed. It sounds like it wasn’t. You can file again, but there are restrictions.
