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Can I appeal the dismissal of my chapter 7 for failing to attend meeting of creditors?

Richmond, VA |

I just received a letter of the dismissal, how do i get that reversed?

Also, How long do I have to wait to file again?

Attorney Answers 3

Posted

If its the first time you missed, if you file a motion to vacate the dismissal--and you've filed all your papers--the judge will probalby reinstate the case.

Or you can file again right away. but having two bankruptcies is hard on your credit report.

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Posted

Thank you! I will google a sample and file a motion to vacate the dismissal tomorrow.

Michael J. Ireland

Michael J. Ireland

Posted

Be SURE to explain why you missed and point out that EVERYTHING else was done timely.

Posted

You can file a motion to vacate or to reconsider. Whether it is granted is up to the Judge. If you were a no show to the meeting (or meetings) with no excuse, did not file all schedule and other required documents, have previous dismissals for similar reasons, and are not ready to file them now, many judges would not be sympathetic. As stated, it is unusual to have a case dismissed solely because you missed the first creditor meeting. We don't know the rest of the story.

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Posted

There have been no other incidents. I will apeal and hope for the best.

Gary D. Bollinger

Gary D. Bollinger

Posted

In Eastern District of MO, where I practice, the Trustee allows one re-scheduling, but routinely moves to dismiss on the second missed hearing. Citing a reasonable excuse always helps.

Posted

Move to reconsider within 14 days of the dismissal. Best to have a lawyer do it, and make sure that everything is100% correct. If missing the meeting is the only thing wrong, and you have never done anything like that before, you will probably have the case reinstated. As I said, if you don't have a lawyer, get one now, as that will show the court that you are now taking this seriously.

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