What would happen here?

[Confused14]

Let's say, for whatever reason I was not granted a discharge at my meeting or at some point, but my case was dismissed. What are my options and what would happen with all my creditors? Would I have to start paying them somehow??? I don't know how I'd be able to do that since they'd be severely delinquent and I just can't afford it. Has anyone had this experience, if so, what happened and what are your options, if any??? Thanks in advance.

[liz417]

Hi,

Why would you think your bk will be dismissed?

[southernbelle]

I don't know of anyone here that has had this experience, but if your case is dismissed, you will be back to square one with dealing with creditors and will have a chapter 7 on your credit report. Before you jump ahead to the worst case scenario (something I am famous for), keep in mind that another alternative is to convert to a chapter 13. If you have no other options, a chapter 13 might be a better alternative than to have a chapter 7 dismissed, especially if you really need the relief.

Also, if for some reason your chapter 7 is dismissed (hopefully not), if it is dismissed without prejudice, then you can file again after a certain period of time and can try again. There are a couple of posters here that have done that.

I hope that helps, but my advice is usually to talk to your atty and be honest to get the best legal advice possible so that you can get through this without any hiccups.

Good luck.

[jessegirl]

Hey southernbelle - I noticed that your house was appraised after 60 days. I thought once you hit tht 60 days that was it?

[Yankeegirl]

My Chapter 7 case was dismissed without prejudice. There is no legal waiting period for us to refile. We choose to have out case dismissed rather then convert to a 13. We will be re-filing Chapter 7 next year, after some income drops off.

Southernbelle is correct, you will still have the Chapter 7 on your credit report. Your creditors will begin calling again, just like they did pre-bankruptcy. It took about a month for everything to start up again for us. We sent C&D letters to all of the ones who called (not everyone called) so the calls have stopped. So now we're just biding our time until we can re-file.

[TEW]

Let's say, for whatever reason I was not granted a discharge at my meeting or at some point, but my case was dismissed. What are my options and what would happen with all my creditors? Would I have to start paying them somehow??? I don't know how I'd be able to do that since they'd be severely delinquent and I just can't afford it. Has anyone had this experience, if so, what happened and what are your options, if any??? Thanks in advance.

[Confused14]

I was only asking because I'm worried that might happen to me. This would be my second time filing, first was due to ex-husband and now due to trusting the wrong people, (involved in a mortgage mess). My attorney said the mortgage issue could be the thing that causes me to have a bump in the road. I always like to put myself in the worst case scenario, cause it usually happens. I don't like to get my hopes up, 99% of the time I'm let down. There's no way I could change it to a Chap 13, too much to pay back. What is dismissed WITH prejudice mean?

I just wanted to see what my options would be if the worst case happened. Thanks.