Connie
AttorneyForum Replies Created
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Connie
MemberNovember 25, 2025 at 3:47 am in reply to: Judge Dismisses Leticia James and James Comey CaseA federal judge dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James after determining that Trump-appointed Prosecutor Lindsey Halligan was illegally appointed. This also means that the indictments are gone, marking a significant victory for the Trump administration and its pursuit of criminal cases against perceived political enemies. The Judge also stated that only properly appointed judicial or Senate-confirmed individuals have the legal authority to pursue such high-profile cases. The Department of Justice has already stated its intention to appeal this ruling.
FBI Director Kash Patel
From the outset, Kash Patel, the new FBI Director, has been a controversial figure. Under his supervision, the agency has already undergone severe purges and has had more aggressive efforts to remove officials that he views as part of the “deep state.” Now, Patel is facing more than one lawsuit and has also had whistleblower claims made against him concerning the appropriateness of using FBI material resources to provide a SWAT detail for his girlfriend during public protests. He has received much backlash, but he has stated that this is mostly due to political motivations.
Deputy Director of the FBI Dan Bongino
There have been resignations and discontent in the FBI for some time. Recently, the Deputy Director of the FBI, Dan Bongino, has faced some internal controversy. He had some difficulties concerning his relationships with other officials. He had some discussions with Attorney General Pam Bondi concerning her handling of the Epstein files, including their release and review. He had different feelings about how Bondi handled things and felt that she disrespected and disregarded him, suggesting that he would leave if she remained in that position. Following that, he did not come to work for some time. There has been some speculation about the FBI and the DOJ not being in order.
Attorney General Pam Bondi
There has been controversy about Bondi’s over the Epstein collection of documents. Pam Bondi has faced some challenges in her high-profile civil and criminal cases. There have been some issues concerning the release of her evidence, as well as negative publicity, due to her style of taking charge of situations. However, she has not backed down in the face of the legal difficulties in the case and the numerous dismissals of the cases she has appeared in. She has stated that she will appeal the cases and will not back down from wanting to hold Comey and James accountable for their actions. There has been some controversy surrounding her style and the handling of matters within the department and the FBI.
Dismissals and Future Steps
Both James Comey and Letitia James have argued that their indictment is the product of an overzealous witch hunt and that they have done nothing wrong. Comey’s indictment is the most interesting because it is the only one that is likely to result in a civil lawsuit being filed by the plaintiff (the Jameses). The Judge dismissed it “without prejudice,” meaning there is a chance James comes back to enforce the judgment in the form of a civil lawsuit in the near future. As for reforms of the leadership and management of the Federal Bureau of Investigation and the Department of Justice, there is now a pressing need for reform, and supporters and critics of President Trump alike are demanding a Relational system to bring order to the outrage surrounding the two most strategic, controversy-ridden American Government Institutions.
https://www.youtube.com/watch?v=O1aNIvhX4xk&list=RDNSO1aNIvhX4xk&start_radio=1
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Connie
MemberNovember 25, 2025 at 3:51 am in reply to: Judge Dismisses Leticia James and James Comey CaseWhat are the specific allegations against Kash Patel and his tenure details
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How to verify Gustan Cho Associates license number in my state
To verify the license number of Gustan Cho Associates in your state, follow these generalized steps:
1. Locate the license number for Gustan Cho Associates, which is NMLS 1660690 for the company and NMLS 873293 for Gustan Cho personally. This information is publicly available on their official website and NMLS Consumer Access.
2. Visit the Nationwide Mortgage Licensing System & Registry (NMLS) Consumer Access website at https://nmlsconsumeraccess.org/. This is a free, official resource to verify mortgage company and individual licenses across all states.
3. On the NMLS Consumer Access homepage, enter the company name “Gustan Cho Associates” or the license number (1660690) in the search box.
4. Review the search results to confirm the license status, states of licensure, and any disciplinary actions if applicable.
5. Alternatively, if Gustan Cho Associates is licensed in Illinois (their base state), you can also verify the license through the Illinois Department of Financial and Professional Regulation (IDFPR) License Lookup tool at https://idfpr.illinois.gov/checklicense.html. Enter the company name or license number to check licensure status within Illinois.
6. If you live in a different state, check that state’s mortgage regulatory authority website or use the national NMLS lookup as the primary source.
These steps will help you quickly and reliably verify whether Gustan Cho Associates is licensed and in good standing in your state by using official government resources like NMLS Consumer Access and the relevant state agency portals [1][2][3][4].
Citations:
[1] Check License – IDFPR’s – Illinois.gov https://idfpr.illinois.gov/checklicense.html
[2] Is there any way I can check to see if the company or person I … https://www.consumerfinance.gov/ask-cfpb/is-there-any-way-i-can-check-to-see-if-the-company-or-person-i-contact-is-permitted-to-make-or-broker-mortgage-loans-en-133/
[3] Contact Us at Gustan Cho Associates – GCA Mortgage Group https://gcamortgage.com/contact-us/
[4] DFI License Lookup – IDFPR’s – Illinois.gov https://idfpr.illinois.gov/dfi/dfilicenselookup.html
[5] How Underwriters View Rental Verification – YouTube https://www.youtube.com/watch?v=BWDR5q7DPOA
[6] Dale Elenteny -GCA – Facebook https://www.facebook.com/loansChicago/
[7] Gustan Lee Cho | National Managing Director in Oakbrook Terrace, IL https://www.zillow.com/lender-profile/GustanCho/
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GCA FORUMS NEWS – MONDAY, NOVEMBER 3, 2025
LIVE HOUSING, MORTGAGE, MARKETS & GOVERNMENT SHUTDOWN UPDATEIn this edition of GCA Forums News dated November 3, 2025, MONDAY, We Have Compiled What We Understand To Be Relevant and Important at This Point.
- LIVE trends on mortgage rates and interest-rate forecasts.
- LIVE real estate and housing forecasts.
- LIVE activity on equities.
- LIVE prices for gold, silver, and other precious metals.
- LIVE information on the Federal Government Shutdown.
- The impact of the Shutdown on HUD, VA, USDA, Fannie Mae, and Freddie Mac.
- The ongoing political fight over sanctuary states and cities, and what that might lead to next
Let’s go.
Current Mortgage Rate for Today- November 3, 2025
- Currently, the November 3, 2025, date indicates that borrowers with excellent credit can expect national mortgage rates to be between 6% and mid-range in the 30-year fixed loan range.
- 30-year fixed national daily survey 6.34%.
- Consumer trackers and lender surveys have shown averages ranging from 6.1% to 6.3% for 30-year fixed loans and in the mid-5 % region for 15-year fixed loans.
- In the past, mortgage rates were above 7%, making the current rates more favorable toward potential buyers, as well as homeowners who refinanced.
- It is worth noting that home affordability remains a challenge.
Fed & Interest-Rate Outlook
- The Fed cut its federal funds rate by 0.25% in late October.
- The Fed also hinted at the possibility of further rate cuts if the inflation cools and the growth rate slows.
However:
- The Fed’s next move is less predictable due to the ongoing government shutdown.
- The market is awaiting the Fed’s next move and has priced in cuts over the next year.
- Much of the Fed’s communication has pivoted towards more cautious and data-dependent messaging.
Bottom Line For Borrowers:
- Although rates have eased from their peak, they are still high, according to the 2020-2021 rates, which were ultralow.
- The trade-off of locking a rate now versus waiting for perfect hinges on current sustained affordability versus the uncertain future actions of the Fed.
LIVE Housing & Real Estate Market Data
- According to the most recent data for October, the housing market continues to evolve.
However, It Is Starting to Improve, Albeit Slowly:
- According to cotality.com, inventory is at its highest level since 2019.
- This means buyers have more options to choose from after years of being severely limited.
- According to HBS Dealer, the median listing price around the United States is approximately $424,000.
- Many markets are seeing price growth stagnating or becoming slightly softer.
- According to Zillow, the average home value in the United States is around $363,900.
- This number represents a 0.1% increase from the previous year, indicating a market that remains positive but has cooled.
- Builder confidence increased slightly in October.
- But remains at a rate below 50 percent.
- This indicates that costs and the means of affording a home continue to be significant pressures, according to nahb.org.
- The year 2026 appears particularly positive in this regard.
- This is especially if the Federal Reserve decides to lower rates, which could lead to increased activity in the housing market as mortgage rates and inventory levels rise.
LIVE Stock Market News – November 3rd 2025
The start of November was marked by a mixed day of trading on Wall Street:
- S&P 500: +0.2% to 6,851.97.
- Nasdaq Composite: +0.5% to 23,834.72.
- Dow Jones Industrial Average: -0.5% to 47,336.68.
Note: All values are subject to change throughout the day.
News in Brief:
- Gains in S&P 500 stocks, particularly in technology companies like Amazon and Nvidia, were aided after a significant cloud and AI deal between Amazon and OpenAI, which helped boost the Nasdaq.
- Dow Kimberly-Clark fell sharply on the report that the company is going to purchase Kenvue, which is the maker of Tylenol, in a ginormous cash and stock deal.
- The boost in stock prices of the Big Tech sector raises new concerns about current consumer confidence and the prolonged economic shutdown.
LIVE Gold, Silver, and Precious Metals
- As the economic shutdown continues and the Federal Reserve’s path forward remains uncertain, investors are focusing their attention on metals.
As Per The Latest Records Dated Monday, November 3, 2025:
- Gold: Trading between $4,014 and $4,025 per ounce, with a slight increase on the day as the dollar weakens.
- Silver: Around $48.80 per ounce within multi-year levels, a little higher than the previous month.
The Ongoing Turmoil:
- Existing policy uncertainty.
- Concern over the economic fallout from the shutdown.
- Although inflation expectations have peaked, they remain elevated, still moderating.
- From the borrowers’ and homeowners ‘ long-term perspectives, the price of metals acts as a useful indicator of sentiment, risk, and inflation.
- It is of little value as a driver of mortgage rates.
- However, it remains useful as part of the overall macroeconomic conundrum.
LIVE Government Shutdown Update – Day 34+
- The 2025 federal government shutdown began on October 1, 2025, after Congress failed to approve new spending for the fiscal year.
- Congress has yet to approve the appropriations.
Important updates as of November 3-4, 2025:
- The shutdown has now reached the same length as the 2018-2019 shutdown, the longest in US history.
- Almost 900,000 federal employees have been sent home, and millions more have been placed in essential positions that do not pay a salary.
- The Senate has been attempting for weeks to secure the necessary votes for a short-term funding bill to reopen the government, but has failed on multiple occasions.
Effects on HUD, FHA, Department of Veterans Affairs, USDA, Fannie Mae, and Freddie Mac
HUD / FHA
- HUD is still in a shutdown contingency phase but has highly restricted personnel on the ice, focusing on mission-critical functions.
- The closing and processing of FHA loans is still the simplest, but the longest on FHA.com.
- Some fair housing activities and subsidy programs still have vouchers, but the longer the shutdown continues, the greater the risk of voucher funding being exhausted.
Veterans Administration: VA Loans
- VA is mostly protected from shutdowns for core services.
- Medical services and hospitals continue to operate.
- VA compensation, pension, and the majority of benefits still proceed.
- The loan guaranty programs (the VA home loan) are still functioning.
- VA loans are experiencing little disruption.
- There is a lag in certain documentation and third-party verifications, but it is beginning to normalize.
US Department of Agriculture Rural Development: USDA Loans
- For the USDA, the rural housing programs are at greater risk, with multiple reports cautioning that new commitments and guarantees may be suspended or delayed during a shutdown, particularly with staff furloughs.
Fannie Mae & Freddie Mac: Conventional Loans
- As GSEs, Fannie Mae and Freddie Mac continue to function and purchase and guarantee loans.
- The more significant concern is the slower economic data and market volatility.
- While these factors do not halt the economic complexity of dividing unconventional lending, risk modeling, rate setting, and investor confidence are significantly more complicated.
The Impact of The Shutdown on Workers and The Economy
The human and economic impacts of the shutdown deepen with each passing day:
- Roughly 800,000 federal employees, including TSA workers, air traffic controllers, and many civilian defense personnel, are being furloughed and are facing a pay cut (MySA).
- The lower-income local communities where federal workers reside are experiencing an increased demand on local Food banks, charities, and social services (MySA).
- The absence of significant economic data, such as the employment population ratio, the number of new housing units, and new GDP.
- Results in increased economic unpredictability and market volatility.
- It makes it very difficult for the market and the Federal Reserve (The Wall Street Journal).
The real estate market is primarily affected by the shutdown as:
- There is an increase in the rate of closing delays and mortgage approvals due to the rising number of COVID-19 cases, as seen in the fast processing times of the IRS, Social Security, flood insurance, and other forms of insurance.
- There is an increased rate of flow from the USDA and several FHA pipelines to the market.
- Confidence among the general public has taken a huge blow, especially for employees on unpaid furlough.
The Federal-Local Standoff on Sanctuary Cities and States
- You wanted to know whether the federal government is likely to target sanctuary cities and state politicians, such as mayors, county and city executives, governors, and commissioners, for noncompliance with ICE and other federal immigration enforcement agencies. Here is the current situation:
What Are Sanctuary Policies?
The Sanctuary Policies:
- Have the ability to manage when the municipal police can respond to ICE hold requests sans warrant from the judge.
- Stop the dissemination of particular data about immigration status.
- Ensure that local funds, personnel, jail space, and other resources are not used to enforce federal civil immigration laws.
- The policies do not prevent federal agents from operating.
- These policies clarify the actions local police will take and those they will not take.
What Is The Trump Administration Doing Now?
The Trump administration has:
- Tried to issue executive orders to combine immigration enforcement and cooperative execution at the federal level.
- Instructed the DOJ and the DHS to locate and act on sanctuary campus jurisdictions, which includes the publication of such jurisdictions and the use of threats of action.
- Brought court actions against several cities and state jurisdictions, which include Rochester, Chicago, and some of the jurisdictions in California, for claiming their actions are unconstitutional and hostile to their rights.
- So far, federal courts have constantly restricted the maximum amount the federal government can bail out:
- Judges have halted efforts to fund federal services to sanctuary jurisdictions, ruling that only Congress can dry up spending under certain conditions.
- Courts have noted that local government units can decide and contract for the collaborative use of police and their staff, available to them, provided they are not in breach of federal law, which is primarily.
Is There A Possibility That These Officials Would Be Charged?
At the moment:
- There is a public indication that the prosecutors are running out of time.
- In some calendars, there are criminal cases against mayors, governors, assignees, or local neighborhood executives for sanctuary policies.
- Sanctuary experts widely note that such prosecutions would face significant constitutional and legal hurdles, including concerns related to federalism and separation of powers.
- That said, the administration has used very aggressive rhetoric, including talk of “coming after” sanctuary leaders, and is pursuing civil lawsuits and funding fights, not criminal indictments, as its main tools.
What Does This All Mean for GCA Forums Viewers
For borrowers and real-estate pros following GCA Forums News:
Mortgage Rates:
- 30-year fixed rates are currently around the low 6s, a full point lower than last year’s peaks but still elevated.
- Don’t assume huge drops overnight.
- Build your plan around what you can afford today.
Housing Market:
- Inventory is at multi-year highs, prices are flattening, and rate cuts are slowly improving affordability.
- 2026 could be a pivot year if rates drift lower and the shutdown is resolved.
Government Shutdown:
- Expect delays, not a total freeze, for FHA, VA, and conventional loans.
- USDA and some affordable-housing programs are feeling more pain.
- The longer this goes on, the more backlogs and stress you’ll have.
- The legal battle is fierce, but so far, it is being conducted mostly through obstructing funding, executive orders, and civil litigation.
- While the courts continue to block the more drastic measures, for now, the practical effect is more about local police relations and trust, as well as community relations and uncertainty about funding, rather than the prospect of local leaders being imprisoned.
I could also prepare a YouTube transcript and description for the episode scheduled to air on Monday, November 3, 2025.
- It’s painful that, since the inception of 2023, documents relating to the prediction of the 2027 Real Estate crisis have been categorized as secret.
- It may not be until the next millennium that we might see the first declassified documents regarding the secret complex of 2027.
- I hope that, given the likelihood of the ever-shifting geopolitical situation, the plans will be exposed sooner.
- Please allow.
- I hope, wish, and pray that the shifting geopolitical tides and the plans of the Amero Caves will suddenly be exposed earlier than scheduled.
- What the rest of the world outside the Amero Caves will feel can best be described as the event horizon of the first complex of 2027.
- No one knows the full picture.
- Even I, the one who breaks the story, am shocked that the first complex of 2027 still revolves around the lands of KL and its shadowy fiefdoms, spreading to the south, and even touches the lights of Mare Nostrum.
- Many observers have described this complex as of supreme strategic importance.
- What follows will be just a tantalizing glimpse into the picture of a way that I can now perceive.
- I call it a delta complex of 2027. I see the focus of a magnetic field at the bewitching islands of paradise, fed by spins of valley sun-soaked sweetness.
- Its arms will have nodes of laser focus wrapping around the Archipelago of the Cross, stretching towards the fabled Southern Cross.
- It’s painful that, as of the start of this year, documents predicting the 2027 real estate crisis have been classified, and it won’t be until the dawn of the next millennium that I might glimpse the first declassified documents about the complex 2027 crisis.
- I choose to optimistically conclude that somehow, someway,” given the geopolitical situation of continuous flux, these plans will be exposed before the rest of the world.
- Please allow me to hope, wish, and pray that the rapidly shifting geopolitical tides will expose the Amero Caves plans ahead of schedule.
- The rest of the world outside the Amero Caves can best be illustrated by what I describe as the event horizon of the first complex of 2027.
- Even I, the one breaking the story, am shocked to say the first complex of 2027, which still revolves around the lands of KL and its shadowy fiefdoms stretching to the south, touching the Mare Nostrum lights.
- Many observers have labeled this complex as one of supreme strategic importance.
- What follows will be a tantalizing glimpse of a way I can now perceive, which I call the delta complex of 2027.
- I see the focus of a magnetic field at the crescent islands prayed by the spins of valley sun-soaked sweetness.
- Its arms will have nodes of laser focus that wrap around the Archipelago of the Cross and reach towards the fabled Southern Cross.
https://www.youtube.com/watch?v=yM5hqwmJO2g&list=RDNSyM5hqwmJO2g&start_radio=1
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The situation in Chicago has escalated significantly, with President Donald Trump calling for the jailing of Chicago Mayor Brandon Johnson and Illinois Governor JB Pritzker for “failing to protect ICE Officers.” This dramatic statement was made on Truth Social, where Trump posted, “Chicago Mayor should be in jail for failing to protect Ice Officers! Governor Pritzker also!”
In response, both Johnson and Pritzker have stood their ground. Pritzker defiantly stated, “I won’t back down.” Trump is now calling for the arrest of elected representatives who are checking his power. What else is left on the path to full-blown authoritarianism?
Joh “son, in a similar vein, said, “This is not the first time Trump has tried to have a Black man unjustly arrested. I’m not moving anywhere.”
The” deployment of National Guard troops to Chicago has been met with strong resistance from local officials. Illinois and Chicago filed a federal lawsuit seeking to block the deployment, describing it as “Trump’s declared ‘War’ on Chicago and Illinois, calling it “unlawful and dangerous”.
Mayor Brandon Johnson also signed an executive order creating “ICE Free Zones” in the city, prohibiting federal immigration agents from using city property.
The situation on the ground is tense, with reports of clashes between protesters and ICE agents. There have been incidents of tear gas being used by federal agents, and a U.S. Border Patrol agent reportedly shot a woman during a confrontation.
The Department of Homeland Security has announced that 91 truck drivers and 120 undocumented migrants were arrested in a joint operation on the I-40 with Oklahoma law enforcement.
It remains unclear what specific legal grounds Trump is referring to for the potential arrest and charging of Johnson and Pritzker. The White House has not provided detailed reasons for why these officials should be jailed beyond accusing them of failing to protect ICE officers. The situation continues to evolve, with a federal court hearing scheduled to address the lawsuit filed by Illinois and Chicago to block the National Guard deployment.
https://www.youtube.com/watch?v=t6w_UWhUFi8&list=RDNSt6w_UWhUFi8&start_radio=1
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Connie
MemberSeptember 29, 2025 at 7:15 pm in reply to: Obama chief manufactured a intel against TrumpTulsi Gabbard’s claims about how the Obama administration handled the Russian interference intelligence during the Trump elections were the Ford Policy Director on Trump’s team, and says Obama ‘manufactured’ the intelligence needed to give the narrative that ‘Russia was involved in the elections’ to help Trump win.
As part of a narrative, Gabbard’s claims work to peel back the layers of the conclusions the intelligence community reached about Russian interference in America. She has produced several reports and publicly available principles documents claiming that Obama and senior officials orchestrated a “years-long coup” against Trump.
The accusations claim that the Obama administration did a disservice to the Russian intelligence community by claiming that they had monitored the activities of Putin and concluded that he endorsed Trump to win. Gabbard claims there was intelligence that was being suppressed, which proved that Putin had no vested interests in the election and that the Russian intelligence services had incriminating evidence about Hillary Clinton, which was not disseminated in the election period.
In spite of Gabbard’s claims, the Obama administration and intelligence officials have made a number of strong accusations. Officials from the Obama administration branded the accusations as ‘outrageous’ and ‘ridiculous,’ while John Brennan, a former CIA director, labeled them as ‘patently false and unfounded. ’
Even with these refutations, Gabbard has stated that Obama administration officials, Clapper, Brenna, Comey, and even Rice, should be prosecuted for what she calls a “treasonous conspiracy” against Trump.
This has also sparked a portion of the Justice Department to create a ‘task force’ to investigate these allegations, the legalities of which are still murky, and the politics of which are still murky.
The Gabbard allegations shine a light on possibly the most contentious and legally precarious aspects of 2016 and its foreign-interference tangles. This also adds to the wide-reaching Gabbard claims that underscore the contentious nature of US intelligence estimate credibility.
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Connie
MemberAugust 31, 2025 at 11:23 pm in reply to: U.S. Housing Supply Has More Than Tripled Since 2022California’s housing market has bounced back faster than the national average since bottoming out earlier this calendar year.
Here’s the Makeover Through the Latest Statistics
In early 2022, the Golden State and the broader U.S. confronted a supply crunch and blistering sales competition. Both states increased their available inventory in the following months, but the Golden State increased more quickly.
Following that trough in 2022, the U.S. total inventory more than doubled from prior lows, climbing by 200%. California outperformed still, with the Golden State’s supply climbing by 244% over the same stretch. The faster California supply increase confirms a sharper recovery.
California’s inventory is up 36% compared to a year ago, and nationwide inventory is up 25%. The divergence still favors the state, further blocking supply scarcity indications over the same progression.
The indexed approach shows the U.S. at a benchmark ahead of 121 a year ago and California indexed at 139. The sharper California recovery appears durable when you compare the two states on a consistent scale of supply growth.
Extra data show that although housing inventory is rising quickly, California still struggles with a longstanding shortage and affordability problem that can only be solved through steady, increased homebuilding. Active listings and months of inventory have increased in 2025. However, most of the state remains competitive, driven by steady demand. The upward trend is encouraging, but it’s only a piece of a larger jigsaw where home values, affordability, and persistent supply-demand mismatches set California apart from the rest of the country.
To sum up, California’s housing supply has rebounded more vigorously than the rest of the country since 2022. Listings are up almost 244% compared to the U.S. total, which has risen 200%, and California’s indexed recovery score is higher than the national average—139 versus 121. Supply figures are also now notably above where they were last summer, clearly indicating a sharp regional market recovery that continues to evolve.
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Connie
MemberAugust 6, 2025 at 4:53 am in reply to: Getting Chapter 13 Dismissed and Refiling Chapter 13 AgainYes, you can have a Chapter 13 bankruptcy case dismissed and then file a new Chapter 13 case later. But what happens next can change based on why your case got dismissed and when you file again. Here’s what you should keep in mind:
- Why Dismissals Happen: Courts dismiss Chapter 13 cases for a few reasons, like missing plan payments, ignoring court orders, or not finishing required courses.
- If the judge dismisses your case “without prejudice,” you can file again immediately.
- If it’s “with prejudice,” you must wait a period the court sets before you can file another case.
- Automatic Stay: If you file a new Chapter 13 within a year after the dismissal, the automatic stay that stops creditors from collecting on debts will usually only work for 30 days.
- You can ask the court to extend it but must show a good reason. This rule helps prevent people from abusing the bankruptcy process to delay creditors.
- Multiple Dismissals: If the court has dismissed your cases quickly multiple times, the judge may force you to wait before filing again.
- You should also explain why the new case is different or why it should be allowed to proceed.
- The goal of these measures is to stop manipulation of the bankruptcy law.
- Starting Over Again: When you refile, you must present a brand-new bankruptcy application.
- That means giving up-to-date financial details, fresh creditor lists, full disclosures, and an itemized budget.
- Pay special attention to the problems that caused the previous filing to fail, so the same mistake doesn’t happen again.
- Other Paths to Consider: If the Chapter 13 route no longer fits, consider switching to Chapter 7.
- You may also investigate debt settlement, loan modifications, or other debt help that better suits your current situation.
To wrap it up, you can refile Chapter 13 after a dismissal. However, you’ll need to understand why the previous case collapsed, how it could slow down the automatic stay, and how to fix the reasons behind the first failure. A bankruptcy attorney can guide you, making the choices clearer and the process smoother.
Chapter 13 Bankruptcy Dismissal: Your Questions Answered
If your Chapter 13 case is dismissed, it may seem like a dead end, but understanding what dismissal means—and your next steps—will empower you to move forward.
What Dismissal Means
A Chapter 13 dismissal wipes the bankruptcy case from the court’s active records. It lets your creditors start collection again. Unlike a discharge, which eliminates certain debts, dismissal usually means the debts you were trying to manage remain.
Common Dismissal Reasons
Missing a payment is the most common reason. Changes in income, medical emergencies, or job loss can make it hard to keep up. Other reasons include failing to submit required documents on time, not following the repayment plan, or not attending scheduled hearings.
Your Options After Dismissal
You generally have three paths:
- Refile Chapter 13: You can submit a new plan, but if your dismissal resulted from non-payment, you may face tighter deadlines or court objections.
- File Chapter 7: If you can pass the means test, you may eliminate unsecured debts immediately, but you can lose non-exempt assets.
- Negotiate with Creditors: If you can show a changed financial picture, creditors might agree to new terms, like a payment plan or reduced amount.
Refunds After Dismissal
You may get some money back if you’ve prepaid filing or plan fees and the case is dismissed. Refund amounts depend on your case progress and your court’s rules. Contact the bankruptcy court for the exact process.
Avoiding Dismissal
Preventing dismissal is about communication and consistency. Always submit documents on time, attend hearings, and prioritize plan payments. If you have a temporary setback, you can contact your attorney to request a court-authorized plan payment adjustment.
A dismissal may feel like a setback, but it opens the door to other solutions. Taking the right steps now can help you regain financial control.
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Connie
MemberAugust 6, 2025 at 5:28 am in reply to: Getting Chapter 13 Dismissed and Refiling Chapter 13 AgainYes, you can ask to dismiss your Chapter 13 bankruptcy case and start a new one later, but you must keep some important legal and financial rules in mind. This short guide gives you the main points to consider, based on general bankruptcy rules in the U.S. as of my last update. Because each case is different, talking to a qualified bankruptcy lawyer is always a smart choice.
Dismissing a Chapter 13 Case
Voluntary Dismissal:
- Under [11 U.S.C. § 1307(b), you can ask to dismiss your Chapter 13 case at any time as long as you didn’t switch the case over from another bankruptcy chapter, like Chapter 7.
- To do this, you must file a motion to dismiss with the bankruptcy court.
- Usually, the court will approve it without holding a hearing, unless someone—like a creditor or the trustee—files an objection.
Involuntary Dismissal:
- The court can dismiss your case independently if you miss planned payments, fail to attend required hearings, or don’t follow court orders ([11 U.S.C. § 1307(c).
- If the dismissal is involuntary, your next bankruptcy case may get more scrutiny from the court.
What Happens if Your Case Gets Dismissed
Automatic Stay Limitations: When your bankruptcy case is tossed, the automatic stay that stopped all creditor actions—like foreclosure and wage garnishments—disappears.
Creditors can go right back to collecting as if the case never happened.
- Goodbye, Progress: The money you sent to the trustee usually doesn’t come back to you, and all the progress you made toward debt repayment under the plan disappears.
- Credit Score Surprise: A dismissal stays on your credit report for 7 years, measured from the day you first filed.
- It damages your credit almost as much as a bankruptcy that finished all the way.
How to Start a New Chapter 13 Case After a Dismissal
Can You File Again?
- You can file a new Chapter 13 case right after you drop the first one.
Still, a few rules may get in the way:
- Wait 180 Days: If the last case got thrown out because you missed court dates or court orders on purpose, you can’t file again for 180 days ([11 U.S.C. § 109(g).
- Watch the Serial Filers: Judges start to look closer if you file one case right after another.
- A new bankruptcy might get blocked if the court thinks you’re just trying to play the system.
Automatic Stay Limitations:
- Suppose your prior bankruptcy case was dismissed less than a year ago. In that case, the automatic stay in your new case will only protect you for 30 days unless you file a motion to keep it in place.
- You will have to show the court you are acting in good faith ([11 U.S.C. § 362(c)(3).
- If you had two or more dismissals in the past year, your new case has no automatic stay.
- You must ask the court for one and convince the judge that you are approaching the bankruptcy in good faith.
Good Faith Requirement:
You cannot just file again out of desperation to win the court’s approval. Judges will decide good faith based on a few important questions:
- Why was the last case dismissed?
- Temporary loss of income looks different from willful failure to stick to the plan.
- Have you made real, measurable changes in your finances?
- A steady new income or a trim budget is a good start.
- Is this new bankruptcy truly for a bankrupt purpose, like getting a fresh start, or is it to buy time and confuse creditors?
Key Considerations, Reasons for Dismissal and Refiling:
- Look hard at why the last bankruptcy didn’t work.
- If the problem was that you could not keep up with the payment plan, ask yourself if you now have more income, lower living costs, or both that will let you meet future payments.
- If the first plan flopped, talk to a lawyer who can create a new repayment plan that works for your situation.
- Courts generally dismiss someone who keeps refiling without fixing the mistakes that got the first case thrown out.
Effect on Your Creditors:
- Creditors can fight the second case, especially if they lost money last time or think you’re unfairly using the law to dodge debts.
- Secured creditors, like your mortgage or car loan, might pick up where they left off on foreclosure or repossession if the first case is tossed.
- You must time the new filing to get the automatic stay back.
Costs and Fees:
- Launching a new Chapter 13 case means you’ll pay filing fees again: about $313 for 2023, plus any lawyer fees.
- If you already paid your lawyer through the first plan, you might have to pay for a new lawyer upfront this time.
Credit and Planning Your Finances:
- A new filing wipes your credit history clean, and the 7-year clock starts again from this new date.
- Team up with a financial advisor or lawyer to ensure your next Chapter 13 plan fits your paycheck, bills, and big-picture goals.
Alternatives to Refiling
Before you jump back into Chapter 13, consider other roads you might take. You could work out a new deal with creditors, look into debt settlement, or, if your situation fits, see if you qualify for Chapter 7. That option could wipe out your unsecured debts without making you reorganize them.
Keep in mind that Chapter 7 does come with stricter rules, like passing the means test. That’s why sitting down with a lawyer to see if you qualify is a smart move.
Legal Representation
Going to bankruptcy court is a big deal, and the folks in charge want you to have a lawyer. Chapter 13 is tricky, and a good attorney can:
- Put together a repayment plan that the court will accept.
- Handle any good-faith hearings or challenges to the automatic stay.
- Follow the local court rules, which can differ in different places.
Practical Steps
- Talk to a Lawyer: Before you ask for a case to be thrown out, talk to a bankruptcy attorney.
- They can help you plan the right time to refile and fix any problems from your last case.
- Get Your Papers in Order: Gather your latest income, expenses, and debts to prepare for the new paperwork.
- Fix Old Problems First: If your last case was tossed because you missed payments or made a filing mistake, create a strong plan now to prevent those things from happening again in your next case.
- File Right Away: Don’t wait too long to file if you want the automatic block against creditors to step in, like to stop a foreclosure.
- You can ask the court to extend the block if you need more protection.
Extra Points to Think About:
- Local Court Rules: Every bankruptcy court has extra rules about dismissals and when you can try again.
- Double-check with your court’s website or ask your attorney to ensure you follow the right steps.
- Talk About Taxes: If your last Chapter 13 plan covered tax debts, make sure the new plan deals with any leftover balances.
- Certain tax debts can’t be eliminated, so you don’t want to miss them again.
- Stay Updated: Bankruptcy rules can change. Look for news on court websites or blogs.
- Lately, some cases on GCA Forums have shown courts are looking more closely at people who keep filing new cases. However, no new rules on when you can refile have been announced up to my last training date.