Medical Bills after filing... dismiss & refile?

[caj0524]

So a bit of background...

My wife and I have had three Chapter pa13 cases confirmed, and dismissed at our request, over the past few years. Our most recent case we converted to a chapter 7 after realizing that having the trustee run our lives for 5 years to keep a car wasn't in our best interests.

So 3 weeks ago we had our 341.

2 weeks ago my wife had an emergency C-section. Both her and my new son were released and then readmitted.

They are both home now on rented medical equipment, and my wife will need in-home nursing care for the next several weeks.

I need to hear the arguments, other than the new filing fee, not to dismiss and refile once this is done. Since I'm working pro-se, the attorneys fee argument is mute.

Thanks!

[bk2009]

Do you have insurance? Are you just talking the copays that you'll need to pay?

Is there a number of times you can file and dismiss?

[debee]

I don't know how easy it is to dismiss a chapter 7 case. It's not the same as a 13. Have you considered amending your filing to include the emergency medical debt?

[keepinitreal]

I don't think with Chapter 7 that you can dismiss it like you can with a Chapter 13.

I believe the Trustee now has total control of your bankruptcy situation.

It wouldn't hurt to request it though.

[despritfreya]

You do not have the right to dismiss the 7. I suppose you could try but I don't know if such a Motion would be granted. You can add any debt you incurred between the filing date and the conversion date, but that is it. Could you reconvert to the 13 and then file a Motion to Dismiss? - Don't know as I have never tried it for any client. This is a tough one.

Des.

[tcreegan]

Hi all, Hi caj,

Unfortunately a ch 7 can't be dismissed like a ch 13, you have to show cause; see 11 U.S.C. § 707(a)

You file a motion and have a hearing, the judge rules on whether you can dismiss or not. Converting to a Ch 13 is an option, but I don't know how your serial Ch 13 filings will factor in. When a Ch 7 gets dissmissed, you can't refile for 6 months, and the stay is shortened to 30 days (but you can file a motion to extend this)

The only other thing I can think of is failing to take the credit counseling course required (the 2nd class, after you file)

What you need to watch out for is getting tagged as a 'bad faith' filing and/or the newly added creditor objects to their debt being discharged.

I hope you get to refile and include the new medical debt, I know you said you are pro-se, but this might be the time to get an atty on your side...

Also hope your wife and son are recovering and on the road to good health again!!

Tom in Colo