I filed for chapter 13 bankruptcy 2 months ago. However I lost my job and have not given one payment. If I fall behind two payments, my case will be dismissed. I needed to know if it's cancelled, can I file right after or do I have to wait longer? And is it in my credit already even though it was cancelled and no payment given? If it is, will it effect my credit more?
If your Chapter 13 case was dismissed you can either try to have it reinstated, or file another Chapter 13. However, if you file another Chapter 13 you would have to be able to qualify as you did the first time.
As long as your case was not dissmissed because you did not request it or willfully ignored a court order, I do not beleive there is any waiting period. If it is one of these cases then you would have to wait 6 months to file again. So unless not paying was done willfully you should be okay.
As for how it effects your credit, having a second bankruptcy will probably effect it a bit more. But if your case is dismissed and you don't file again all of your creditors can resume collection actions against you.
You should however consult with your lawyer who did your current bankruptcy case.
