QUESTION
What happens if I file for a chapter 7 bankruptcy?
Asked on Apr 11th, 2012 on Bankruptcy - Minnesota
More details to this question:
I filed a Chapter 7, five years ago,but did not complete the process because my paperwork was done incorrectly. I refiled this year, I just completed my 341 meeting and the judge noticed I indicated I did not file before but it should have been checked yes. But I thought it meant discharged before. What happens now? They did not tell me any thing else just told me I was done.
14 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Probably nothing will happen. If the U.S. Trustee wanted to make an issue of it, he or she probably would have filed a motion or contacted you before your creditors' meeting. Or, if your Ch. 7 Trustee was concerned he or she would have asked you to amend your petition.
Answered on Apr 25th, 2012 at 12:26 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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I doubt seriously that you were before a judge. It was probably the trustee. What does your attorney say about this. Without more information it is impossible to tell.
Answered on Apr 24th, 2012 at 4:23 PM
Criminal Defense Attorney serving Mandeville, LA
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Ross Scaccia, Attorney at Law
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Normally, when one files for a Chapter 7 bankruptcy, there is relief from all debt. However any asset you may have, if not exempt, has to be surrendered. Chapter 7 Bankruptcy can be filed only once in 7 years.. I am surprised that the bankruptcy judge told you nothing. Such is rude, to say the least. This happens in the judicial process now and then. I detest such behavior. The judge or the court personnel should have told you, that your present filing was complete, and that you were discharged OR that your previous filing was within the 7 year period, and your present filing was dismissed,because it was prematurely filed.
Answered on Apr 12th, 2012 at 4:31 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You can file an amended petition disclosing the prior case where indicated on the petition. Since you were not discharged before, you are still entitled to proceed with your new bankruptcy.
Answered on Apr 12th, 2012 at 2:54 PM
Daniel James Wilson
If you were in Colorado the person doing your 341 was not a judge but a trustee. Don't worry, its probably not a big deal. You should have listed the prior. (The question asks if you have filed a BK case, not received a discharge.)
Answered on Apr 12th, 2012 at 12:46 PM
Bankruptcy Attorney serving Houston, TX
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Pamela L. Stewart, Attorney at Law
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Just because your first bankruptcy was completed does not mean you did not file bankruptcy. This is a very common misconception. Even though your first case was dismissed, it may still be reported on your credit report for up to ten years from the date of filing. In your current case, I would amend your petition and include the information from your previous case. You may also want to include an affidavit that you believed you had not filed before since your first case was dismissed.
Answered on Apr 12th, 2012 at 12:46 PM
You can generally refile another Chapter 7 if your previous Chapter 7 was dismissed (not discharged)- assuming there was no bar to future filings (which there is usually not). You should have listed your previous filing on your second Voluntary Petition- but if you did not- the Trustee probably will consider your error inconsequential and allow your current case to go through.
Answered on Apr 12th, 2012 at 12:31 PM
Personal Injury Attorney serving Gainesville, FL
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Lawrence J. Marraffino, PA
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You are probably fine. I doubt you saw a judge at the 341. It was the trustee. You should have no problems.
Answered on Apr 12th, 2012 at 12:30 PM
John R. McNeal
It will proceed to discharge if all is in order.
Answered on Apr 12th, 2012 at 12:27 PM
The error may be harmless, but it illustrates why it is a good idea to hire a lawyer to represent you. You may want to file an amended Statement of Related Cases setting forth the prior case filing to correct the error.
Answered on Apr 11th, 2012 at 6:33 PM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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Bereliani Law Firm, PC
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Even if you did not complete your bankruptcy before, because they issues you a case number, you still are seen as having filed a bankruptcy, just not a successfully discharged one. There is nothing further to do. Sometimes the Trustee asks you to amend/fix your paperwork to list the prior bankruptcy, sometimes they do not care. It does not affect this bankruptcy. You will need to make sure your 2nd online course is completed and filed with the court and await your discharge (unless there were other issues pending).
Answered on Apr 11th, 2012 at 6:29 PM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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You should amend your petition to disclose the prior bankruptcy. When you filed your case, you swore under oath under threat of perjury that you listed all of the information requested. One of the things asked about is prior filings (not just prior discharges) in the past 8 years. If you filed without an attorney, contact the trustee and ask whether he/she wants you to amend the bankruptcy petition.
Answered on Apr 11th, 2012 at 6:26 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Amend the second page of the petition to list the prior bankruptcy filing.
Answered on Apr 11th, 2012 at 6:25 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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You should amend your bankruptcy petition to state the date, location, and case number of your previous bankruptcy case.
Answered on Apr 11th, 2012 at 6:12 PM