Bankruptcy dismissal-What to do after dismissed bankruptcy

Hi Lather,

You will have list all your assets if you file Chapter 7 and the bankruptcy trustee will sell off those assets in order to repay your creditors. To know all about chapter 7 and what you can keep, check out the given page: http://www.mortgagefit.com/bankruptcy/chapter7.html .

Thanks

My chapter 7 bankrupycy case was dismissed because of incompletion of debt counseling class. I would like to refile my Chapter 7 Bankrupycy, but without the attorney I retained. While I was in the automatic stay I wa being garnished, my car was repossessed,, a parking boot was put on my car, and I was evicted from my residence. I tried to obtain assistance from my attorney, and it proved to be detrimental to me here is an example: I was told the three days before, that the attorney for my apartment complex was seeking a relief from the automatic stay. I was terrified. I was reassured it would be okay. I went to the Meeting of the Creditors and it was continued due to the attorney put the wrong numbers on one of my financial documents. I inquired about the hearing for the next day for the apartment complex. She told me I didnt need to attend and that the motion was dismissed. She told me to call her office. I spoke with her assistant and was reassured if anything changed where I needed to attend I would be notfied. No call, so I called the next day to find out what was going on. I was told to wait until the court sends their documents. That same day I was served with an unlawful detainer papers, and I was being evicted. I called my ARAG lawyer and she said to look for another place to live a soon as possible. It wasn't until I was in court trying to mediate on my behalf to stop the eviction, that I found out ithe hearing did occur, and the relief was granted. So, now I have a brand new eviction, my car was 1000 to get back. etc. The question is: can I refile a new case to include my car as intended, the eviction and the other debts she left out, even though my case was dismssed because of not completing the debt management class?

Hi angelike,

If your bankruptcy filing is still open, then you should be able to include the left out items in it. You can contact your bankruptcy court and it might help you in this regard. You can even go for a new bankruptcy attorney who will better guide you in this matter. As you've mentioned that your case has been dismissed, you can refile your bankruptcy in order to include all the required debts and get a discharge from it.

Thanks,

Jerry

How do I filed for Chapter 7 if the unpaid bills in question are both personal and business ?

hi rchemmers,

you will be able to file chapter 7 for your personal unpaid debts and get rid of them. however, you won't be able to include your business debts in your chapter 7 bankruptcy filing. in such a situation, you should contact your bankruptcy attorney and take his opinion in this matter.

thanks

how long can I stay in my house after a dismissal of chapter 13

Hi oilpaint,

Unless your property is foreclosed by the lender and you receive an eviction notice from him, you will be able to stay in the property.

I filed backrupcy and had payments taken out of my pay check, well I lost my job and they dismissed my case I refiled again when my house went into foreclosure, I was laid off work again and got an extension on my bankruptcy payments, which was three months I did get another job but its part time and the payments were too high for me to pay so I told my attorney and continue to send in money to trustee months after making payments they want to dismiss my case. What should I do? I am a single parent of two with no where to go if I lose my house I have one child in college and one thats 12.

Welcome Ms. John Doe,

I must say that you're in a tough situation. You should let the bankruptcy court, trustee as well as your attorney know about your financial crunch and plead your case with them. You will have to somehow convince them so that you can get a discharge from your debts.

me and my husband are in bk i got layed off from my job and i am drawing unemployment at this time but my husband is still paying his part the court is wanting to dismiss our bk is their anything that we can do i am behide and if it is dismissed how long will i have to move out of our home.

Hi dee!

Welcome to forums!

You can contact your bankruptcy attorney and discuss with him as to how you can get a discharge from your bankruptcy filing as you're facing hardship. As you have lost your job, the court may discharge your bankruptcy filing.

Feel free to ask if you've further queries.

Sussane

I filed BK approx 6 years ago. The lawyer filed it without telling me he was filing it on any particular day. So, I was unable to provide him all the documentation he needed by this unknown deadline. I have since negotiated all my debts and have been debt free for about 3 years. I have gotten all the creditors to modify the status of my individual accounts to show "paid as agreed" or "Paid in Full" etc. My question is; can i request for this BK (dismissal) to be removed? Or since I paid back the dents as agreed could it be converted to a 13 in some way to only reflect on my credit for another year, as apposed to the 10 yr drop off for a true Chapter 7?

Hi Quickwitt,

Bankruptcy dismissal will stay in your credit report for 7 years. I don't think you will be able to remove it before that.

My husband and I filed chapter 13 back in 2008. Our means test said we were $260.00 over a month to qualify for chapter 7. As our payments to the trustee go up, the farther behind we are getting on our other bills.. House punt etc. We asked our bankruptcy lawyer to see if they could modify our payments to the trustee. Their answer was no. I noticed on our original paperwork that one of the standard allowances was not figured into the total and that possibly could have made the difference in our case. Is there anything that can be done now ? If not, what else can we do ?

Hi Guest,

You should contact your bankruptcy attorney and discuss your situation with him. This will help you in knowing whether or not you can appeal to the bankruptcy court and get your payments modified.