QUESTION

I filed chapter 7 in Michigan in 2011 but it was dismissed due to missing the credit counseling. I moved to Virginia, can I refile here?

Asked on Nov 03rd, 2012 on Bankruptcy - Virginia
More details to this question:
The Michigan Laywer said I can reopen the case for a fee but due to my work schedule I can't get back to Michigan to meet with a judge.
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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Why do you need to meet with the judge in your case in order to have the case reopened?  Isn't that your lawyer's job?  In any event, as long as the bankruptcy court did not dismiss your prior case with a prohibition on refiling, then you can file another case as long as venue is proper in that jurisdiction. Pursuant to 28 U.S.C. 1408, a bankruptcy case may be filed in the jurisdiction where you (the debtor) have resided for the greater part of the 180 days prior to filing the bankruptcy case, or where your principal assets or principal place of business were located during that period.  In most cases this means simply where you lived for the last 91 days, so if you moved to Virginia more than 90 days ago, then you can file in Virginia. One cautionary note:  Because your prior case was dismissed within the past 12 months, the automatic stay which prevents creditors from taking collection actions against you during your bankruptcy case will terminate in your next case after 30 days unless you get the court to extend it.  This may not be a big deal in a Chapter 7 case, but something you should definitely discuss with your bankruptcy attorney. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Nov 04th, 2012 at 4:30 PM

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