Chapter 7 case was filed with minimum required forms. Did not file the rest of the schedules by the deadline, as I could not locate certain records. Now case is dismissed and closed. Now I have all needed documents. What are my options? Can I refile immediately? If not, how soon can I refile? Is there a way to reopen/reinstate the case and not pay the filing fee again? Any info is greatly appreciated!
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Chapter 7 Dissmissed for missing deadlines. HELP!!
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Anybody?
I did check the papers and it doesn't say anything whether with prejudice or w/o prejudice.
"The Debtor(s) has/have failed to comply with said instructions of the Court. It is, therefore, by the United States
Bankruptcy Court for the District of Maryland,
ORDERED, that, pursuant to 11 U.S.C. § 105(a) and § 707(a) , the above−captioned case under Chapter 7 is
dismissed ; and
ALL PARTIES ARE HEREBY NOTIFIED, that the automatic stay imposed by 11 U.S.C. § 362(a) is terminated."
Then in January the case was closed.
Originally posted by tweety1 View PostChapter 7 case was filed with minimum required forms. Did not file the rest of the schedules by the deadline, as I could not locate certain records. Now case is dismissed and closed. Now I have all needed documents. What are my options? Can I refile immediately? If not, how soon can I refile? Is there a way to reopen/reinstate the case and not pay the filing fee again? Any info is greatly appreciated!
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You can petition to reopen the case, but it will be up to the judge to decide if there is good cause to do so. I suggest you review the Bankruptcy Code, Federal Rules of Bankruptcy Procedure and your local court rules for guidance on how to file a petition to reopen the case. There's a little info on Nolo: http://www.thebankruptcysite.org/res...uptcy-case.htm
You could also take advantage of the Debtor Assistance Project at your court: http://www.mdb.uscourts.gov/content/...stance-project
If you have to file a new case within a year of dismissal of the first case, the automatic stay will only last for 30 days unless the judge will grant an exception. Here are a couple of articles on that:
LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!
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