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Voluntarily Dismiss - how long to refile a 7?

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    Voluntarily Dismiss - how long to refile a 7?

    One last question for the day, I promise!

    When my husband spoke to our atty at the confirmation hearing today, our atty informed him we could not convert from a 13 to a 7. I don't know why, but will be speaking to the atty on Monday and will know then, I guess. I was under the assumption that we could, but maybe because we need to take assets off our petition, that might be the problem.

    Anyway, we are going to voluntarily dismiss and then refile as a 7. The atty doesn't want to chance the trustee dismissing it because she might do it with prejudice, is what he said. My husband is saying that the atty told him we can't file our 7 for 6 months after dismissal!

    Is this right? This doesn't sound right to me and I think my husband got his wires crossed or something. I thought if you voluntarily dismiss, that you can then turn around right around and file a 7.

    Does anyone know? Thanks in advance!

    #2
    If you voluntarily dismiss your 13 you can refile a 7 pretty much anytime you want. I filed 2 weeks after dismissing a 13. You may have to file a motion to extend the automatic stay because of the refiling it will expire after 30 days.

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      #3
      Awesome! That's what I thought. Thanks!

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