QUESTION
How do you reopen dismissal of chapter 7 or refile a chapter 13?
Asked on Jul 23rd, 2013 on Bankruptcy - Arizona
9 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can file another chapter 13 and pay the filing fee. Or you can file a motion to reopen the chapter 7 case and pay that filing fee.
Answered on Jul 29th, 2013 at 7:28 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Contact a professional atty who deals in bankruptcy law.
Answered on Jul 24th, 2013 at 1:01 AM
If a Chapter 7 has been dismissed, you would reopen by filing an application to reopen & a request for the court to reconsider the order of dismissal. To refile a Chapter 13, you simply submit a new petition with the filing fee and the pre-bankruptcy credit counseling certificate. It might be necessary to submit an application to reimpose the stay if the prior case was dismissed within the previous one year.
Answered on Jul 24th, 2013 at 12:33 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Get an attorney to do this for you, it's more complicated than you think. For example, why are you reopening? Why not just file for the 13? Is there a 109 bar? Do you need to vacate dismissal? etc.
Answered on Jul 24th, 2013 at 12:18 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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With an attorney. This is not something a lay person should do.
Answered on Jul 24th, 2013 at 12:11 AM
Deborah F. Bowinski
I'm not really sure how to answer your question. When was your chapter 7 case dismissed, and for what reasons? Without more information it is hard to know why your case was dismissed, and that could make a big difference in what your options are for moving forward.
Answered on Jul 24th, 2013 at 12:10 AM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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In both cases you need to consult an attorney to determine which method is best for your situation. Both involve filing paperwork with the courts and there is no way to determine which is best route without consulting someone.
Answered on Jul 24th, 2013 at 12:08 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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A motion is required to reopen a Chapter 7 and it is up to the judge. A brand new filing may solve your problem but it requires a lot more information.
Answered on Jul 23rd, 2013 at 11:16 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on why the 7 was dismissed, or why you think a chapter 13 will work for you.
Answered on Jul 23rd, 2013 at 10:57 AM