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    #1

    Question regarding bankruptcy dismissal

    My husband and I are filing for chapter 7. We had a local person help us with all of the paperwork. My husband filed 7 years ago when he was just out of high school. The local guy that helped us did not tell us that it had to be 8 years between filings. So when we went to our hearing the trustee said that it is likely the court would dismiss just his case. We received a letter stating there was a motion to dismiss just his case. then we received a letter giving a court date re: dismissing just his case.

    We won't be able to go to the hearing as it is on the 26th of this month and we are making an out of state move on the 19th. We do not have the money to travel back for a hearing. I am assuming if we don't show up they will just dismiss his case, which is fine since we are expecting that. What I am wondering is if they will dismiss mine as well if we don't go and if not, will I need to file different paperwork? We filed together so all of our debts were intertwined on the paperwork. I am hoping someone here can help me figure this out as we cannot afford an attorney.

    Thanks in advance.
    Last edited by haveaquestion; 08-08-2008, 12:59 PM.
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    #2
    That is an odd one. I have never seen a case where they simply dismiss one of the debtors in a joint BK (I suppose its possible, but still odd).

    But yes, if you do not show-up to the hearing, the court will grant the requested relief, i.e. the dismissal.

    If the motion is only requesting the dismissal of your husband, then that is all that will happen on the hearing.

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      #3
      That's what I figured but I was also wondering if I might need to refile with just my debtors or if that doesn't really matter?

      Comment

        #4
        Don't know about yours, but my district allows attendance for certain hearings via the telephone. You might want to inquire. I would much rather be dismissed while in attendance than dismissed because I did not show up.

        Comment

          #5
          Dear haveaquestion: You REALLY NEED to be at that hearing, or have an attorney that will stand in for you. I KID YOU NOT!

          While ‘Hub and I were at our hearing to dismiss our attorney and go pro se, there were at least two cases called before ours, that were dismissed because the debtors did not show.

          I do not know your situation, but from what I am reading here, you do NOT want that to happen.

          Ms. FreshLikeaDaisy can attest to this.
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment

            #6
            Right Angelina, but all the paperwork says to dismiss Mr XXX ONLY and the case of Mr. XXX ONLY. My case isn't being called into question.

            ETA: we are fully expecting his case to be dismissed, whether we show up or not. I am just concerned about having to refile.
            Last edited by haveaquestion; 08-09-2008, 08:18 AM.

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              #7
              If they are seeking to dismiss just your husband, you should be all set, and do not need to attend the hearing.

              You do not need to refile, you should receive your discharge and the lenders cannot come after you.

              That doesn't mean they won't be able to come after your husband.

              But if you can last the less than a year in the interim, then have him file later.

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