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    Can I file?

    Ok, I promise to keep this very brief. I filed chapter 7 in 10/05, however, missed one of my payments and it was dismissed.

    my question(s): Can I file now? I also, have 1 car that is the only asset that I have. I don't want to lose the car I have to drive my dad back and forth to dr appointments, however, I am paying 25% interest on it. Any ideas?

    #2
    Was your case dismissed With or Without Prejudice??

    If you don't have the paperwork, you can check on PACER or swing by the Court House and check your old file.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      I don't know, they just sent me a paper saying it was dismissed. I signed up for Pacer today so hopefully I can check in a few minutes. The bad part was it was after the 341 meeting.

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        #4
        I filed chapter 7 in 10/05, however, missed one of my payments and it was dismissed.
        I'm confused, joyeanna....why are you making payments for a Ch 7 case? Could you have filed Ch 13 instead? (The answer matters because the different chapters can refile at different time periods.)
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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          #5
          Sorry! I was making the court fees in payments. I missed a payment and they send a letter saying it was dismissed. About a week ago a friend told me that I might be able to file again. I just thought I had lost out.

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            #6
            If your case was Dismissed Without Prejudice, you can refile.

            If your case was Dismissed With Prejudice, you cannot refile on those debts that were included in your original BK petition.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment

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