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Chapter 7 was denied. Now what??

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Super Contributor

Re: Chapter 7 was denied. Now what??

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!!!!!!!!!

Message 11 of 32
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Established Member

Re: Chapter 7 was denied. Now what??

Nice..thanks for your feedback.
Message 12 of 32
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Super Contributor

Re: Chapter 7 was denied. Now what??

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!

Message 13 of 32
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Established Member

Re: Chapter 7 was denied. Now what??

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.
Message 14 of 32
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Established Member

Re: Chapter 7 was denied. Now what??

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.
Message 15 of 32
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Frequent Contributor

Re: Chapter 7 was denied. Now what??

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.

Message 16 of 32
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Established Member

Re: Chapter 7 was denied. Now what??

I'm not sure. What is the difference?
Message 17 of 32
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Frequent Contributor

Re: Chapter 7 was denied. Now what??


@jjb11 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.

Message 18 of 32
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Moderator Emeritus

Re: Chapter 7 was denied. Now what??

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. Smiley Happy

 

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. 

Message 19 of 32
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Established Member

Re: Chapter 7 was denied. Now what??

Mine is a dismissal. I couldn't provide all the paperwork in time.
Message 20 of 32
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