QUESTION
I have already filed my chapter 7 petition but can't finish schedules in time
Asked on Sep 06th, 2013 on Bankruptcy - Montana
More details to this question:
I was trying to file chapter 7 pro se, and have already filed the initial petition, but I am unable to complete several schedules in time to meet the 2 week deadline. What now?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
If you're filing pro se you are responsible for knowing all the Local Bankruptcy Rules, Federal Rules of Bankruptcy Procedure and the Bankruptcy Code.
If you do not meet the deadline, your case will be dismissed. If your case is dismissed, you can re-file your case, but if you do so within one year, the automatic stay--which prevents creditors from taking collection actions against you-- will only be in effect for 30 days in your new case.
You can file a Motion for Extension of time to file your schedules, but you need to comply with the procedures of your court's local rules as well as the Bankruptcy Code in filing, serving and setting a hearing on the Motion, if necessary.
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 Sep 06th, 2013 at 4:22 PM