What do we do if bankruptcy was dismissed due to not turning in paperwork on time and sheriff’s sale is scheduled in 2 days? 6 Answers as of December 15, 2016

We want to refile but unsure how to continue.

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Stephens Gourley & Bywater | David A. Stephens
Refile before the date of the sale and get your documents ready. The stay will not last long.
Answer Applies to: Nevada
Replied: 12/15/2016
Ronald K. Nims LLC | Ronald K. Nims
Filing a second bankruptcy case means that you can only stop the sheriff's sale for 30 days (plus whatever time it takes the local court to schedule a new sale) unless you can convince the bankruptcy judge that you are really, really going to go through with the bankruptcy this time unlike the last time. This is sort of in the "fool me once" category. When you filed the first bankruptcy, you are automatically treated as an honest person who is filing bankruptcy to take care of your financial problems - then you didn't follow through. The second time you file, you are automatically treated as a dishonest person who is abusing the bankruptcy system to stay free in the house for a few more months. To convince the bankruptcy judge that you're really honest and this time will be different, you have to show reasons why it will be different, for example, if you didn't use an attorney last time use one this time (this doesn't work the other way around, if you didn't use an attorney and you missed deadlines, everybody just figures you're stupid, if you used an attorney and still missed deadlines, everybody figures you're dishonest), do you have a better job, did you have an emergency last time, etc. etc. One advantage of having an attorney, is she/he can reach out to your lender and try to make a deal during those 30 days.
Answer Applies to: Ohio
Replied: 12/14/2016
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Go see a knowledgeable local bankruptcy attorney IMMEDIATELY!
Answer Applies to: California
Replied: 12/14/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Without knowing more facts, I would have to suggest that you contact an attorney as soon as possible. Some attorneys may offer a free consultation. Others, like myself, charge a small fee. Good luck!
Answer Applies to: Colorado
Replied: 12/13/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
Oh you have made some problems for yourself! Best to spend the money for a lawyer to refile an emergency case. Expect to pay extra fees for the emergency filing and for extra work that needs to be performed. In a second bankruptcy filing, the court order protecting you from creditors lasts a mere 30 days without additional efforts to obtain an extension of this order.
Answer Applies to: Nevada
Replied: 12/13/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First things first: you should really retain a skilled Bankruptcy lawyer. Such people can prevent a dismissal in most cases, and see that you comply with all the rules. It is permitted to refile-but if you have had a BR case pending within the last year, you will need an additional motion to be filed together with your BR petition-which Is one to keep in effect the Automatic Stay past the 30 days after which it would otherwise expire in a second case within one year.
    Answer Applies to: Wisconsin
    Replied: 12/13/2016
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