QUESTION
Can I refile for chapter 7 after being denied?
Asked on May 16th, 2016 on Bankruptcy - Washington
More details to this question:
My wife’s mother died while we were going thru the trustee process and she couldn’t get the documents requested by the trustee because of people in her family blocking her from getting so the trustee denied our chapter 7.
6 ANSWERS
Unless the court order dismissing the case specifically provided that refiling was prohibited, it is likely your wife could file again. But a better option would be to ask that the court reconsider the dismissal of the first case and allow it to proceed.
Answered on Jun 08th, 2016 at 6:47 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes, You can refile.
Answered on Jun 08th, 2016 at 10:41 AM
It depends on the Order of Dismissal. Consult with an attorney face to face. Someone has to review your BK file. Be prepared to pay an experienced attorney.
Answered on Jun 08th, 2016 at 10:41 AM
Would need to see the order from the court "denying" the discharge to know what your options are. If you don't have it, go back to the court you filed in before and ask for a copy. There could be a small fee associated with that, but not a lot. Then take it to a competent bankruptcy attorney to discuss your options.
Answered on Jun 08th, 2016 at 7:54 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I assume you mean that her BR case was dismissed without a discharge. She should be able to refine, BUT she must be certain to file a motion to keep the Automatic Stay in force as sop as she files her petition. Hiring a skilled BR lawyer can help immensely.
Answered on Jun 08th, 2016 at 7:53 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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This is impossible to answer without more facts. One of the problems with the legal process is that words have specific meanings in bankruptcy that may not have the same meanings elsewhere. Was your case "dismissed" or your discharge "denied?" The next question is, "Was your case dismissed because you failed to obey an order of the court?" Whatever happened, if you file again, you need a competent bankruptcy lawyer, i.e. one who has filed a number of contested cases and is willing to take "hard" cases.
Answered on Jun 07th, 2016 at 6:50 PM