Legal Question in Bankruptcy in Texas

Re: Judgements and Bankruptcy

Short answer -- yes you can refile your Chapter 13 case unless the judge's order specifically states you cannot.

Many people have difficulties in making their plan payments and a high percentage of Ch. 13 cases are not completed for this reason. If this has happened to you only once then you should be able to refile with no problem. The order dismissing the case will have language in it that states whether the case was dismissed "with prejudice" or "without prejudice". Basically if the judge's order states without prejudice you are able to refile immediately. Some judges make it more difficult by stating that you must wait a siginificant period of time before refiling. Usually "with prejudice" orders and orders limiting the ability to refile in general are issued to people who have filed several times and have not completed their Ch. 13 case.

It sounds like this is not the case in your situation. However, I'm not sure if you should really be in a Ch. 13. You may be better served in a Ch. 7 case. Either way you should be able to get relief from the nonsecured judgment. The issue with your sale of property is somewaht complicated. Assuming this is your only real estate then the sale can proceed. If you own a home and this is additional rental property then it is likely you would have to file under Ch. 13. I would be pleased to further discuss these issues personally with you via email or (800) 303-0720

Re: Judgements and Bankruptcy

Yes, you can refile, but you will need to let the trustee know about the real estate sale. Under a Chapter 13, you probably won't be able to shake the ex-wife's judgment against you.