Am I able to re-file without waiting if I have a without prejudice dismissal of a Chapter 7? 16 Answers as of November 05, 2013

I filed Chapter 13 with attorney. Attorney missed the information and put incorrect information. I figured this out after examining the bankruptcy paper and researching tons of bankruptcy laws/rules. I fired attorney and I took over for a couple of weeks while I tried to find attorney. I found an attorney but they ended up doing nothing but set up creditors meeting again, but had not fixed list of creditors, or anything. I asked her about conversion, as Chapter 7 was better plan we should have done. She wanted $2200. I researched information and had found out some much information before, I decided to convert on own. I filed conversion from Chapter 13 to Chapter 7. I was missing a schedule that I was trying to find out an expense for, so did not file all complete paperwork in time. It was not that I did not know. Our original attorney was late on paperwork so I did not think a day or two would get anywhere. I got dismissed, without prejudice, from our Chapter 7. I found out an hour after the judge signed dismissal based on missing schedules. With the dismissal being without prejudice, this means I do not have to wait the 180 waiting period, correct? After two attorneys and all the money we wasted with the mess up, we can't afford it. We are in bankruptcy here. I am capable of filing.

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Stephens Gourley & Bywater | David A. Stephens
Yes you can refile without waiting if there were no conditions on the dismissal order.
Answer Applies to: Nevada
Replied: 11/5/2013
Law Office of David T Egli | David T. Egli
Yes, you can file immediately without waiting. If you were barred from refiling within the 180 days from the dismissal, the order of dismissal will say so.
Answer Applies to: California
Replied: 11/5/2013
The Law Offices of Andrew D. Myers
The Law Offices of Andrew D. Myers | Andrew Myers
Let's not be so quick to throw not one (1) but two (2) attorneys under the bus here. On this side of the computer, to be true, we do not have all of the facts. However, it must be noted that the petition is very clear that it is being signed by the debtor under the pains and penalties of perjury. The disclosures, also signed by the debtor, clearly spell out the debtor's obligation to file full truthful complete schedules. So, it was your obligation to provide full clear accurate information to the attorney and to assure that the petitions, statements and schedules were all complete prior to signing. To directly answer your question, you can re-file. But, the protection of the automatic stay will last only 30 days unless you file a motion to extend the stay. Please do not take it from me but read the U.S. Bankruptcy Code at 11 USC 362. I wish you the best.
Answer Applies to: Massachusetts
Replied: 11/5/2013
Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
You should file a motion to reopen the Chapter 7 case, instead of filing a new case. That will save you time.
Answer Applies to: Oregon
Replied: 11/5/2013
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
If you do not need an attorney how do you explain committing your own malpractice by missing a deadline and having your case dismissed. If you do not need an attorney why bother asking a web site that provides answers from attorneys? You need a board certified attorney not a cheap or free one.
Answer Applies to: Michigan
Replied: 11/5/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    "Without prejudice" means you can refile immediately. In doing so you need to file a motion to keep the automatic stay in place. It must be filed and heard within 30 days of the filing date. The forms to do this might be on your court web site. $2200 to covert seems a rather steep fee.
    Answer Applies to: California
    Replied: 11/5/2013
    Turbak Law Firm
    Turbak Law Firm | Douglas Turbak
    To describe your situation as "messy" would be quite an understatement! However, a dismissal without prejudice normally means that you can, indeed, re-file now. If I were you, I'd speak pleasantly with a bankruptcy court clerk, and perhaps you'll be able to avoid paying another court filing fee. Good luck!
    Answer Applies to: Minnesota
    Replied: 11/5/2013
    Danville Law Group | Scott Jordan
    Yes, you can file again. However, you will need to file a motion to continue the stay beyond the 30 days, which is the penalty for multiple filings.
    Answer Applies to: California
    Replied: 11/5/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You can file now but would need to file a motion to extend the automatic stay. It's only good for 30 days.
    Answer Applies to: Nevada
    Replied: 11/5/2013
    The Troglin Firm | William M. Troglin
    Based on your Question Detail, the Chapter 13 was dismissed without prejudice which means you do not have to wait the 180 days to file another case. However, to file a Chapter 7 you must pass a means test where you take your income for the six months prior to filing as well as your wife's income for the same six months if you are married, weather your wife is filing or not. The total family income is used. You take the six month total and divide by six to get a monthly average and multiply the monthly average by twelve to get the annual income. If your combined annual income is less than the median income for a family of your size you can file a Chapter 7. If your income is above the median then you have to complete the means test using any ALLOWED exemptions to see if you can still qualify for the Chapter 7.
    Answer Applies to: Georgia
    Replied: 11/5/2013
    Elkington Law
    Elkington Law | Sally Elkington
    To be clear, the fact that you don't know if you can file a Chapter 7 right away, tells me that in fact you do need an attorney. It is unfortunate that you had such a bad experience with two attorneys, but I think that is the exception rather than the rule. In a Chapter 7 you have to be very careful and do it correctly or you could lose assets. That being said, it appears from what you have written, that you can go ahead and file another chapter 7 because the prior case was dismissed and not discharged. However, because this is a "successive" filing, if you need the protection of the automatic stay you will only have it for 30 days on this bankruptcy, without filing a motion to extend the automatic stay. And, that motion has to be filed immediately and you have to get the order signed before the 30 days is up. So, as you can see there are some complications that you might need an attorney to help you with.
    Answer Applies to: California
    Replied: 11/5/2013
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