Can I refile a Chapter 13 BK?

[tshores]

What is the name of your state? Michigan

My husband and I have been in a chapter 13 bankrupcy for about a year now. When we originally filed we had two vehicles that we kept and they were worked into the plan. We cannot keep up with the payment and wanted to return the one vehicle(truck). The lawyer suggested that we refile since we could just not change our mind on the vehicle once in the plan. So we are considering that but wanted to know is it like starting over, do we have to pay the filing fees again, etc. and then also can we add anything to the new plan when we file, I have some medical bills incurred this year and was wondering if I could add them? Any help would be appreciated as I cannot always get a hold of our lawyer. Thanks.

 

[Ladynred]

The lawyer suggested that we refile since we could just not change our mind on the vehicle once in the plan.

That not true. Sounds like he doesn't want to be bothered amending your plan when you surrender the vehicle. You most certainly CAN surrender the car during your Ch 13, people do it all the time. Your plan would have to be amended to reflect the change in your payments and assets and debts. You will probably wind up having to pay off some part of that car loan, but once it is repossessed, the debt becomes unsecured.

Tell your lawyer you want to surrender the vehicle and amend your plan accordingly. If he refuses.. find another lawyer !!!