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Bankruptcy dismissal

Posted on: 07th May, 2010 04:17 pm
My bankruptcy was dismissed after my lawyer didn't file all the required paperwork. He is pretty bad and I am afraid to use him even though he is only going to charge me 550 to refile. I am thinking of doing it myself. I was wondering if there was any lawyer willing to give me a cut rate deal since the petition is already filed. My understanding is I can file at any time but only have a 30 day stay because he didn't file the extension.

[size=9:693c4f089f][color=Red:693c4f089f][Email address deleted as per forum rules. Thanks.][/color:693c4f089f][/size:693c4f089f]
Hi MNBrant,

You can try filing it without the help of any attorney. As for refiling, if you do that within 1 year of the dismissal, the automatic stay will be in effect only for 30 days. Thus, you need to file a motion to extend the stay. However, whether or not the motion to extend the stay will be considered or not depends on the judge. He is the one who will decide whether or not your motion can be considered.

This dismissal will show up on your credit report, and will affect your credit negatively.

Thanks,

Sandra
Posted on: 08th May, 2010 02:42 am
Hi,

As per my knowledge is concerned you can file bankruptcy by your own. It is not clear as to why you want to file bankruptcy? If you have any issue with the interest rate or monthly payment then call up your lender and try to negotiate with them. If you want to file bankruptcy then you must be aware of the types of bankruptcy and should qualify for it. My suggestion will be to consult with a good bankruptcy before filing it.
Posted on: 10th May, 2010 09:23 am
i received notice from the court that my chapter 13 bankruptcy will be dismiss because it exceeded the 60 months payment. it has been less than 48 months. what do i do ?
Posted on: 22nd May, 2010 12:07 pm
The main reason I would like to file bancruptcy is I owe alot. The main problem with filing bancruptcy is medical and other bills are piling up so fast its hard to know when to start it.
Posted on: 13th Jun, 2010 03:48 pm
You may want to look into BK 7

Either way you will need to qualify and sometimes you can pay MORE if you choose 13 since you will be making high payments for a while
Posted on: 14th Jun, 2010 07:08 am
My BK case was dismissed based on a preumption of abuse as I did not pass the means test. I have an evening job with variable hours on top of a full time salaried position. As of now, I am not getting hours in my night job because of budget cuts.
Could this be used to appeal my dismissal. My employer cannot say when extra hours will beavailable or even if there will be some in the future.
Posted on: 18th Sep, 2010 06:45 pm
Hi christtin,

You can contact your bankruptcy attorney and try to refile your bankruptcy once again. If you qualify the means test this time, then you can file Chapter 7 and get your debts discharged.

Thanks
Posted on: 20th Sep, 2010 12:12 am
Posted on: 29th Sep, 2010 03:32 pm
During the 341 meeting, the trustee asked us to send in additional documents(extra bank statements) She said a date tentatively but we were never notified as to come in or not. Apparently my attorney was notified and but only notified me of the meeting when it was too late to come? He did not even go himself as he had car trouble? Will they hold this against me? Will my case be dismissed?
Posted on: 07th Dec, 2010 04:38 pm
Welcome Bonnie,

If the meeting was not attended by you and your attorney, then there are high chances that your bankruptcy case can get dismissed.
Posted on: 08th Dec, 2010 11:08 pm
I filed chapter 13 on Jan. 28, 2011 to stop my house from being sold on Jan. 31, 2011. I have a lawyer in n. Y. Working with the Obama HUD plan. I live in Illinois and the courthouse records say that I now have until May 2, 2011. now that my house has been temporarily saved I have been advised to drop the chapter 13 as I no longer need it. As soon as the court dismisses the bankruptcy Hud will be ready to start the modification process. My question is : can the May 2 date be changed because I changed my mind and how long does it take to dismiss the bankruptcy?
Posted on: 08th Feb, 2011 03:48 pm
Hi Adcox,

It will depend upon the lender whether or not he will change the date. However, once your bankruptcy filing is dismissed, the lender may immediately foreclose the property.

Thanks
Posted on: 08th Feb, 2011 10:59 pm
this link also helps you


http://www.mortgagefit.com/discuss/bankruptcy-dismissed.html





thanks
Posted on: 01st Mar, 2011 04:57 am
The trustee ruled I have to pay him almost $4,000. If I don't and the bankruptcy case is dismissed, can I simply refile in 180 days? Other than damage to my credit report, will it affect me any other way?
Posted on: 24th Mar, 2011 08:28 pm
Welcome Jeff,

If your case is dismissed, then you can refile it after sometime unless the court had ordered something else. Once the case is dismissed, you will lose the automatic stay. Thus, your creditors can immediately come after you in order to recover the debts.
Posted on: 24th Mar, 2011 11:21 pm
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