My Chapter 7 was dismissed. Can I refile another case or reopen the dismissed case?

Asked over 3 years ago - Ventura, CA

I tried to file my own Chapter 7 Bankruptcy, but the case was dismissed due to the fact that I didn't properly file the schedules. Can I re-file another Chapter 7 Bankruptcy? Do I have to re-open the case? How do I go about doing this? I live in Ventura, CA. Any help is appreciated.

Attorney answers (3)

  1. Dorothy G Bunce

    Pro

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . You should be aware that if you attempt to file a 2nd bankruptcy case right away, that you will only have 30 days of protection from any foreclosure or wage garnishment.

    In addition, you should understand that if you make a mistake on this 2nd case, you may become ineligible to file another bankruptcy for quite a while. OUCH!

    Since you are already here on AVVO, why not use the Find a Lawyer search feature to obtain information about hiring a bankruptcy attorney? You can obtain info about what the lawyer says about him/herself, what other lawyers say, and most importantly, what the lawyer's former clients say.

    Hope this perspective helps!

  2. Jeffrey M. Freedman

    Contributor Level 8

    Answered . I suggest you meet with a very good bankruptcy attorney.
    If you go on the site www.nacba.org you will find lawyers who are in the bankruptcy court everyday.
    There is a good chance you will be able to file a new case.
    With all the rules of the new Bankruptcy regulations its easy to miss a deadline.
    Collect all of your materials and make an appointment with an attorney who is a member of NACBA.
    I am sure they will take good care of you.
    And say jeffrey freedman from buffalo ny sent you.

  3. Richard S. Feinsilver

    Contributor Level 10

    Answered . If your case was dismissed as a consequence of not complying with Section 521 (filing all required documents) or Section 341 (not appearnce at your Meeting of Creditors), you wil most likly have to file a new petition.

    I suggest that you contact your local bar association for a referral to an experienced bankruptcy attorney. If you cannot afford any attorney, your bar assoication may be able to determine if you may qualify for pro-bono services.

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