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My ch. 7 bankruptcy case in California has been dismissed as of today. I am freaking out. How can I reinstate it?

Rancho Cucamonga, CA |

How much does it cost to reinstate the case/refile the case. I need to do as soon as possible. What is the procedure that I need to follow.

Attorney Answers 5


  1. Your attorney should be able to help you. If you don't have an attorney, now you know one of the reasons why people are so strongly advised to hire an attorney before filing bankruptcy. Hire one now.


  2. I agree that you need an attiorney now. Bankruptcy is complicated and comes with lots of rules. If you break one then they can dismiss the case. Hire an attorney right away to advise you on the next best course of action if the case has indeed been dismissed.


  3. You don't indicate the reason why your bankruptcy case was dismissed.

    A dismissal has serious consequences.

    If you did not comply with bankruptcy requirements, a trustee or creditor can file a motion to dismiss.

    If your bankruptcy case was dismissed at the request of a trustee or creditor, or by the court on its own motion, you as the debtor may be prohibited from filing another bankruptcy case for 180 days (Bankruptcy Code section 109(g)), or be required to file a motion to obtain permission to file another bankruptcy case (Bankruptcy Code section 349).

    You definitely need to consult with an attorney.

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.


  4. It is unusual for a Chapter 7 to be dismissed so the fact that you haven't stated a reason for the dismissal is disturbing. In the wrong circumstances, a dismissal can preclude someone from being eligible to ever discharge the debts in a subsequent Chapter 7.

    You do need to have an experienced attorney take a look at your file. The sooner the better.

    Hope this perspective helps.


  5. Not enough information has been provided to properly advise you. As mentioned over and over again by the other attorneys, you would be wise to contact a banruptcy lawyer as soon as possible.

    For more information visit: www.salanicklaw.com

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.