Bk 13 Dismissed even after request for more time filed (Never answered)

[capriottiohn]

Can I refile a 13 or 7 after a dismissal for not providing docs even after requesting more time to the court. (The request was never answered) We have proof it was stamped and filed just never answered. We would like to also convert it to a 7 or just refile a new 7. Any thoughts and ideas? This is a pro se filer.


Thank you

JM

[despritfreya]

If you want to do a 7 why not file a Motion to Reinstate the Chapter 13 for the sole purpose of converting to a 7? Assuming 1) you qualify income wise for a 7; 2) you have nothing the Chapter 7 Trustee can get at; and 3) a Chapter 7 is advisable under your particular circumstances, there should be no problem.

I suggest you consult with a local bk attny to determine if a Chapter 7 is in your best interests. If it is, reinstate and convert. Doing so means 1 case number to be reported, no new Chapter 7 filing fee (other than the small conversion fee) and no worrying about the ramifications of filing a 2nd bk within 1 year of the dismissal of the 1st bk.

Des.

[capriottiohn]

Thank you

What if We originally filed a 7 and was all done and at last minute converted a 7 to a 13 to try to stop foreclosure. Can we still request to reinstate to convert back to a 7 .. We didnt save the sale so there really is no reason to continue with a 13 ,, we where all with 7 just waiting to be discharged. Can we request to reinstate to convert to 7 or just refile a new 7 since the court only shows we have past filing of 13 ...

thank you

[LadyInTheRed]

The law on converting a Chap 13 to a Chap 7 is at http://www.law.cornell.edu/uscode/text/11/1307

If you requested more time to file the documents and did not receive an answer, either you didn't follow proper procedures or the dismissal was your answer.

[despritfreya]

What if We originally filed a 7 and was all done and at last minute converted a 7 to a 13 to try to stop foreclosure. Can we still request to reinstate to convert back to a 7

If you initially filed your case as a Chapter 7 and converted that case to a 13 before the entry of the Chapter 7 discharge, you should be able to reinstate the 13 for the purpose of RE-CONVERTING to a Chapter 7. Again, please discuss this with a local bk attny.

[justbroke]

Definitely discuss with a local attorney. There are some procedural issues as well. The nice thing is that if you already had a Chapter 7 341 Meeting, you don't need another one. The downside is that you can only convert by Motion. You do not get the advantage that a "first time" converter has which is conversion by notice (no hearing).

As always, Des makes great points about saving money on conversion and avoiding a bunch of case administration issues (such as "first day" motions) if you dismissed and refiled. Also, please note that you have a limited time to seek a reconsideration or reinstatement. I'm not sure what the new rule is for "final orders" but you may only have 14 days to seek a reinstatement or reconsideration before the order is final.