What to do about a Chapter 13 bankruptcy?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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 10 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/


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption