My CHAP-11 BK was dismissed last week because I failed to appear at my 341 hearing. I was pro se and filed some "not perfect" documents and creditors alleged fraud, but i dont know if this is being investigated because the bk was dismissed.
Im about to get sued by all my creditors. Will the court let me file another BK this month? I need to stop my creditors!!!
You need to read the order of dismissal carefully. Under 109(g), you may be barred for 180 days. Regardless of whether you CAN file, you will also need to read 362(c)(3) and (4) carefully. A pro-se 11 is essentially impossible. You really need to hire an attorney, which is why I'm not trying to tell what 362(c) says. It will be expensive, but probably less expensive than enduring the feeding frenzy your creditors will engage in.
Absolutely correct answer above: to be successful, chapter 11s (and any more complex chapter 7/13) necessitate the hiring of an experienced bankruptcy lawyer.
What were you attempting to do by filing chapter 11 - "save" a business? "save" real property/homes? retain assets? etc.?
Bottom line: seek qualified legal help, especially now. Based on the facts you have stated, this case will not be of the cheap/inexpensive variety, but continuing to handle - or attempt to handle - on your own, may very well be costlier still. Since you may not have explored your options in a chapter 7 case, that may be something for you to consider as well, especially now.
Best of luck!
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Hire a lawyer. An individual handling a chapter 11 pro per is doomed to fail.
It's doubtful that you actually filed under Chapter 11. Most people use the terms "bankruptcy" and "Chapter 11" interchangeably. More likely, you filed under Chapter 7 or Chapter 13. And most people who would have to file under Chapter 11 have the resources available to hire a competent Chapter 11 attorney.
Having said that, it's important to realize that if you file yourself the bankruptcy court will hold you to the same standard that they will hold a bankruptcy attorney, meaning that you must file all of the correct forms and file them in a timely manner. You must appear at all required hearings. You must follow all Federal and local bankruptcy rules. If you don't do everything correctly, your case may be dismissed or you could end up losing property. You likely already spent $300 on filing your first case, which is wasted. Find an experienced bankruptcy attorney in your area to handle your case. The money you spend will be well worth it in the long run.
The information provided here is for informational purposes only and does not create an attorney-client relationship. For legal advice, you should contact a qualified and licensed attorney in your area.
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