I missed my chapter 7 341 hearing, what is my next step if I don't want to go further in the chapter 7 process

Legal Advice: I filed a chapter 7 missed my hearing and now they said i waived my right to a discharge. What do i do after this. I filed pro see. I dont want to go any further with my bankruptcy. Just wondering what will happen now? - Is this your question? Add additional information
Answer this question Add to list

Answers (1)

David Adam Blansky

David Adam Blansky

Contributor Level 5
There may be serious consequences to the dismissal of your bankruptcy case. For example, should you file another bankruptcy case within one year of the date you filed your first case, the injunction established merely by filing the bankruptcy - called the automatic stay - will only be good for 30 days in the absence of a showing of good cause why it should be continued. If the present filing is your second filing within one year and you attempt to file a third bankruptcy within one year of your first filing, the automatic stay will not apply at all.

Thus you should first be certain you do not wish to proceed further. If you determine you wish to and a motion to dismiss you case has been made based solely on your failure to appear at the 341 meeting, you might want to fight that motion by submittiing an affidavit explaining why you failed to appear and stating that you will appear at a rescheduled meeting. The bankruptcy court might take that into account as the purpose of this process is to give honest debtors who comply with their obligations as debtors a fresh start under the Bankruptcy Code.

Given the implications of a dismissal, you should confer with qualified bankruptcy counsel admitted in the U.S. District Court in which your bankruptcy case is pending.

The foregoing is provided for informational purposes and is not intended as legal advise.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.