options if my bankruptcy is dismissed

Guest

I filed a bankruptcy which was dismissed. Any options left now?

Samantha · Posted: Sat Dec 24, 2005 11:55 am Post subject:

Hi,

It happens sometimes even if you are having valid reasons. Don't lose heart if you find your bankruptcy dismissed. There are some options you can follow -

You can appeal to the court to recall your case which will be accepted if you make up all the missed payments and the appeal is made within a few months after the case was dismissed.
If you qualify for a chapter 13 then you can file the Chapter 13 bankruptcy again even if your previous bankruptcy is just dismissed.
You can file a chapter 7 again after the dismissal

If the reason for getting bankruptcy dismissed is due to your willful failure to obey court orders or at your request for dismissal, then you can re-file the case after 180 days of the dismissal.

Just look for the options that may fit in suitable for you. I hope this Christmas will bring happiness and success to you. Wish you Merry Christmas. Smile

God bless you.

For MortgageFit,
Samantha

Guest

Chapter 13 can be filed as soon as the bankruptcy gets dismissed but in case of chapter you may have to wait 7 years.

thanks

blue · Posted: Sat Dec 24, 2005 12:16 pm Post subject:

Hi,

Normally you can re-file immediately you find your bankruptcy dismissed. The problem comes when the court bars from re-filing.

As mentioned by Samantha, sometimes the court feels that the debtor acted in bad faith and in that case you need to wait for sometime before you can file it again.

Merry Christmas to all of you.

Regards,
Blue

Guest

What does it indicate by my case of bankruptcy dismissed?

blue · Posted: Sat Dec 24, 2005 12:48 pm Post subject:

Hi Remo,

The automatic stay ends with the case dismissal and the creditors are allowed to collect debts unless a discharge is entered before the dismissal and is not cancelled. Unless you make an appeal to reconsider the order within ten days, the Clerk will close the case.

Regards,
Blue

Guest

Thanks for the replies. I shall look for the possible option to re-file my case soon.

Merry Christmas to all of you.

Guest

Is there any specific reason behind a bankruptcy case getting dismissed?

Samantha · Posted: Sat Dec 24, 2005 1:56 pm Post subject:

Hi Remo,

While filing a bankruptcy you have to fill up certain information related to your financial affairs and have to sign it stating all the information provided as true.

Now if it is found that you have intentionally tried to hide some facts then your case may be considered as a fraud one and can be dismissed.

Your bankruptcy case may get dismissed if you try to conceal some of your property by some means or you are found hiding your property or your money from your spouse at the time of divorce.

If you are found to take debts to have luxury items or lying about your income or debts or credit application, then you case may be dismissed by the bankruptcy court.

God bless you.

Thanks,
Samantha

Guest

my chapter 13 was dismissed. we were behind from a clerical error by the court...they were overcharging us for the first year..which was only caught after we had a hearing on why we were behind the first time...now i have been out of work for 2 months for medical reasons..and am behind again..the case is under motion for dismissal...what are my options?

Samantha · Posted: Sat Feb 04, 2006 3:41 pm Post subject:

Hi Jimmy,

Welcome to MortgageFit Forums.

I am sorry to know about your problem and wish early recovery from the troubles.

You can file chapter 13 again after it is dismissed. Consult an attorney whether you can make an appeal to the court.

Your case may considered as there were some mistakes by the court itself.

God bless you.

For MortgageFit,
Samantha

Guest

my case was dismissed today because my lawyer did not complete the plan ontime . I have made all payments ontime what do i do

Samantha · Posted: Fri Jun 23, 2006 7:13 pm Post subject: chapter 13 dismissal

Hi Gator,

Welcome to MortgageFit Forums.

I can understand your position and mental condition at present. It's really unfortunate if you are facing trouble for which you are not guilty. I shall advise you to consult a reputed attorney and see if something can be done.

You can re-file a case even when you are dismissed. In case of chapter 13 you may re-file immediately. A good attorney can guide you well in this matter.

I wish you come out of this trouble soon.

God bless you.

For MortgageFit,
Samantha

Guest

if my chapter 13 bankruptcy gets dismissed, will it remain on my credit report? and when the case gets dismissed will I be able to get refund of the filing fee?

Guest

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