What to do about a Chapter 13 bankruptcy?
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What to do about a Chapter 13 bankruptcy?
I filed Chapter 13, 2 weeks ago, to prevent a foreclosure sale. I have been working with the bank on a modification and they said the sale was postponed until late this month. However, today is the deadline for filing schedules and financial statements in my case, and I can’t complete it in time. Will my case be automatically dismissed immediately, and if so, will this constitute a willful violation of an order for purposes of having to wait 180 days before filing again? Also, if I file a voluntary dismissal tomorrow, and no creditors motions have been filed, will I be able to file again next month?
Asked on May 5, 2011 under Bankruptcy Law, California
Answers:
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 12 years ago | Contributor
If you do not timely file the schedules and financial statements your case will be automatically dismissed by the clerk's office. This could happen immediately, or it might take a while. If that does happen, there could be a 180-day prohibition on re-filing your case imposed.
If you voluntarily dismiss, there should not be any restriction on re-filing, but when you do re-file the automatic stay will only be in effect for 30 days unless you file a motion and the court grants it, within that 30 days, to extend the automatic stay. This is NOT automatically granted.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 12 years ago | Contributor
If you do not timely file the schedules and financial statements your case will be automatically dismissed by the clerk's office. This could happen immediately, or it might take a while. If that does happen, there could be a 180-day prohibition on re-filing your case imposed.
If you voluntarily dismiss, there should not be any restriction on re-filing, but when you do re-file the automatic stay will only be in effect for 30 days unless you file a motion and the court grants it, within that 30 days, to extend the automatic stay. This is NOT automatically granted.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
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