Can I refile after a chapter 13 dismissal (non-payment)?
So I'm in a pretty horrible situation right now. My chapter 13 will most likely be dismissed due to non-payment and I'm not sure what my options are. A little information on how I got here...
I am a compulsive gambler, which is the whole reason I am in bankruptcy. I was doing ok in terms of payments, but to be honest I've been struggling this entire time. I filed in October 2024 and have paid about $32,000 into a 100% plan (remaining debt is about $63,000). I make good money and can easily clear this in 2 years or less, but I cannot break this cycle I am currently in. I get paid, and neglect some of my bills (BK payment is one of them), and then have been repeating this behavior. It's a vicious cycle.
I really want to do a wage order (just learned about this). In fact, this should be a non-negotiable for my situation and trying to recover. I would love to have payments taken out of my paycheck automatically before they even hit my bank account. That would pretty much increase the success here to 100%. I think it's a bit too late for this though with my current plan. My lawyer has already restructured my plan due to previous missed payments, and I'm in a period where I need to pay each payment on time for 6 consecutive months, otherwise the trustee will move forward with the dismissal. I am going to be late on this months payment due to moving expenses (I'm in the process of moving).
I'm not sure what to do. I think I can refile, but would I need to get the automatic stay extended? If I propose a wage order, would that increase my chances? I live in Oregon if that helps, thank you.