I have filed in Oregon and need advice on a problem

[Alan]

I have filed Chapter 7 in Oregon with my wife. We do not have a lawyer and had the papers drawn up by an independent paralegal. We were approved by the credit counselor.

This is the issue/problem. The first time we filed for Chapter 7 was on 9/14/01. This time we filed thinking that the minimum time that it takes to re-file was six years. We did not know that the law had changed in 2005 to make it eight years.

Now the Bankruptcy Court has issued a "Notice of Intent To Not Grant The Debtors A Discharge" because it has not been the full eight years. What is worse is that the eight is up in September this year.

I have a couple questions I hope someone can help me with.

1) It says we can challenge/object to the "Notice of Intent To Not Grant The Debtors A Discharge" but we have to do it by the 4th of June. How is this done? DO we just write a letter asking for an objection with an explanation? Or is it more formal? How is this done?

The reason that I really need to get the bankruptcy done now is that My wife and are getting divorced very soon. I am moving with my daughter to Texas from Oregon in late July/early September. I just want to get all this done now. It is so frustrating to say the least.

2) If I can't get the objection to the "Notice of Intent To Not Grant The Debtors A Discharge" can I re-file in September? Does this case being denied for the discharge make it so I can't file for another eight years?

I could really use some help here as we are broke and have no money for a lawyer. Thank you if you even read this.

[freshstartfl]

I have no helpful advice or knowledge on this, but I wanted to say I'm sorry for what you're going through. I can imagine it's very frustrating! What was the date you filed this time, and has your 341 already happened? That might help others answer your questions.

[lrprn]

I have filed Chapter 7 in Oregon with my wife. We do not have a lawyer and had the papers drawn up by an independent paralegal. We were approved by the credit counselor.

Regretfully you've learned the hard way about something that anyone who does basic online research about filing bankruptcy can find out - starting in Oct 2005, you have to wait eight full years after you last filed Ch 7 to file Ch 7 again and get a full discharge.

1) It says we can challenge/object to the "Notice of Intent To Not Grant The Debtors A Discharge" but we have to do it by the 4th of June. How is this done? DO we just write a letter asking for an objection with an explanation? Or is it more formal? How is this done?

Frankly, an explanation of "I didn't know the current law and neither did the paralegal I hired, so I filed four months before I should have" is not going to make this dismissal go away.

I suggest that if your town or city has a Legal Aid office, you go down there first thing in the morning and see if you qualify for free legal assistance. If you do, they can help you sort out this mess.

Barring that, call your local courthouse and politely ask for the bankruptcy court clerk. When you get him/her on the phone, ask if the court has any resources to help pro-se (filing without a lawyer) resources - some do. Perhaps you will get lucky.

If your court doesn't have help for pro-se filers (and most don't), then you can write a letter to the court explaning what happened and give it to the bankruptcy court clerk to have included in your case, but the law is the law. You might consider allowing this case to be dismissed, then refile once the eight year limit is reached.

The reason that I really need to get the bankruptcy done now is that My wife and are getting divorced very soon. I am moving with my daughter to Texas from Oregon in late July/early September. I just want to get all this done now. It is so frustrating to say the least.

I'm sorry to hear about your pending divorce. Unfortunately bankruptcy is never convenient. It's a cold, hard, unemotional business decision. The court and trustees don't really care about your life's needs - they just care about you meeting the letter of the law when you file through the time you are discharged and closed.

2) If I can't get the objection to the "Notice of Intent To Not Grant The Debtors A Discharge" can I re-file in September? Does this case being denied for the discharge make it so I can't file for another eight years?

Since your case will be dismissed by the trustee, you can normally re-file again immediately after dismissal unless the court places a bar to re-filing, or unless the circumstances create a bar to re-filing. All you have to do is allow the dismissal to go forward, deal with all the creditors again who will start up with a vengeance, and then re-file again this fall when eight full years have passed since your original filing.