topic Re: Chapter 7 was denied. Now what?? in Bankruptcy

Chapter 7 was denied. Now what??

Anonymous — Fri, 08 Nov 2019 17:53:04 GMT

My chapter 7 was denied, and this has all been so stressful. My attorney did the means test and it was ok, but the trustee asked for so many documents and I could not provide them all. It was my bankruptcy, and they wanted a ton of stuff from my wife..and we are having issues so she didn't provide them.

What is next for me since it wasn't approved? Is there hope to be changed to a chapter 13? I continue to make my mortgage payments, so I don't lose my house. Just looking for any other folks that didn't get their chapter 7 debts discharged and what happened after.

Re: Chapter 7 was denied. Now what??

Anonymous — Fri, 08 Nov 2019 19:30:47 GMT

@jjb11 - So sorry to hear this. Ask your attorney to convert your case to a 13.

Re: Chapter 7 was denied. Now what??

FireMedic1 — Fri, 08 Nov 2019 20:11:27 GMT

Whats your lawyer say? Was it listed as dismissed? You can convert to a Chapter 13 without her I guess. Do something soon. Maybe another lawyer who can get things done right with a 13. The BK will still be on your reports and now your not protected. Back to square one really. So sorry this happened.

Re: Chapter 7 was denied. Now what??

Tuscani — Fri, 08 Nov 2019 22:28:13 GMT

Bummer! What documentation couldn't you provide? Were you no asset?

Re: Chapter 7 was denied. Now what??

Shooting-For-800 — Sat, 09 Nov 2019 01:03:37 GMT

13 should be a lot easier.

Are you sure you have a good attorney?

Re: Chapter 7 was denied. Now what??

Anonymous — Sat, 09 Nov 2019 01:17:28 GMT

Good questions and advice above....just want to add, I'm sorry. I know how stressful this is.

Re: Chapter 7 was denied. Now what??

Anonymous — Sat, 09 Nov 2019 04:42:25 GMT

My first time posting here, and awesome support from everyone. Hard to talk to people about this. Appreciate it very much. I will explore the chapter 13 route now. Great advice!!!

Re: Chapter 7 was denied. Now what??

Anonymous — Sat, 09 Nov 2019 04:50:55 GMT

They kept asking for more items from my spouse. Her credit cards, her auto loans..and that was hard to get from her. Then they wanted all her bank statements, and I couldn't provide them. This is my filing and it wasn't a joint filing. I provided so many documents and then they kept asking for more and more. I told my attorney I have given them everything..nothing more to give. They almost had a full year worth of paystubs from my wife and I. I thought it was all a 6 month data view. Just frustrating they kept asking for more and further timeframes. Before this I was never late to a creditor, and never filed for BK before. I just needed a fresh start.

Re: Chapter 7 was denied. Now what??

Anonymous — Sat, 09 Nov 2019 05:01:09 GMT

My friend had a chapter 7 BK two years ago, and he is able to get Credit Cards now. With a chapter 13, am I screwed for the 5 years I'm in it. Will I have any chance of getting a credit card while I'm paying for the chapter 13 term?

Re: Chapter 7 was denied. Now what??

FireMedic1 — Sat, 09 Nov 2019 08:23:34 GMT

What comes to mind and I'm no lawyer. Forgot about your credit future for now. Get the present in the past first. I'd sure as hell get a different lawyer and throw it all on them and I guess you can get a re-do and a diferent trustee that didnt get up on the wrong side of the bed.

Re: Chapter 7 was denied. Now what??

FireMedic1 — Sat, 09 Nov 2019 08:25:56 GMT

OK....Found this nugget. Hope it applies.

"The bankruptcy codes states that if a case is dismissed by the court for “willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case or “the debtor requested and obtained a voluntary dismissal” then you’ll have to wait 180 days before you can refile for Chapter 7 Bankruptcy again."

Tell the old lawyer. Your fired. Next!!!!!!!!!

Re: Chapter 7 was denied. Now what??

Anonymous — Sat, 09 Nov 2019 13:15:02 GMT

Nice..thanks for your feedback.

Re: Chapter 7 was denied. Now what??

FireMedic1 — Sat, 09 Nov 2019 14:01:16 GMT

Your welcome. Hope you find a better lawyer the second time around. Least the door wasnt slammed in your face to a do-over. I know it isnt cheap depending on where you live. When I filed I researched the states website and went with a Board Certified BK Lawyer. It was a breeze. Good Luck man!

Re: Chapter 7 was denied. Now what??

Anonymous — Sat, 09 Nov 2019 15:45:05 GMT

I live in Tampa. I felt like the attorney helped in the beginning, but the trustee just had it out for me. My 341 was almost 20 minutes, and I was getting hammered with so many questions. I have little transactions they were asking about. I wasn’t hiding anything. I’m have a family of 6, and for the first time in my life I had health issues this year. The whole process has affected my health even more .I just got frustrated with the enormous amount of records they asked for. It all showed the same thing..I can’t afford the debts anymore.

Re: Chapter 7 was denied. Now what??

Anonymous — Sat, 09 Nov 2019 15:48:29 GMT

I wish I found this forum months ago. Very hard to go thru these things without someone to talk to. You feel like no one else is going thru this and you screwed up and no one else did. Life can take nasty turns sometimes, and we just have to weather these storms.

Re: Chapter 7 was denied. Now what??

despritfreya — Sat, 09 Nov 2019 18:35:45 GMT

Was your case dismissed under 11 USC 707 or were you denied a discharge under 11 USC 727? There is a big difference as it relates to moving forward.

Des.

Re: Chapter 7 was denied. Now what??

Anonymous — Sun, 10 Nov 2019 00:03:00 GMT

I'm not sure. What is the difference?

Re: Chapter 7 was denied. Now what??

despritfreya — Sun, 10 Nov 2019 01:15:56 GMT

@Anonymous wrote:
I'm not sure. What is the difference?

A lot. Were you denied a discharge or was the case dismissed because filing a chapter 7 (as opposed to a Chapter 13) was deemed an abuse. Look at the Order or Judgment issued by the court that ended your case. Exactly what does it say?

Des.

Re: Chapter 7 was denied. Now what??

Tuscani — Sun, 10 Nov 2019 02:24:12 GMT

A dismissal is the court ending your case. Usually a case is dismissed when the you fail to do something you must do, such as providing paperwork.

A denial of a discharge is very different and does not dismiss the case; it is a specific order that denies a discharge of any and all debts in the entire case.

A denial of discharge is very bad. Obviously. If you are denied a discharge in your first bankruptcy, all those debts can never be part of a discharge in a future CH7 case.

However, it is possible to discharge those debts in a CH13 case.

Re: Chapter 7 was denied. Now what??

Anonymous — Sun, 10 Nov 2019 02:32:20 GMT

Mine is a dismissal. I couldn't provide all the paperwork in time.