How long after it's dis-missed?

[gordzilla]

My wife and I have had to file chapter 7 without a lawyer. It was long and a lot of work but we finally got it done. What we didn't know is that we had to file the credit counseling certificate w/ the original paper work. We did even know we had to get credit counseling until we received the paper from the court that told us what we were missing.

So we got the credit counseling and turned it in withing the 15 days. A few day later we received a letter from the court stating that they had set a meeting for the creditors. Two days after that we received a letter from the trustee saying that he was throwing it out because we received the credit counseling 10 days after we submitted the original paper work.

What can we do? How long do we have to wait before submitting the paper work again? We've never filed bankruptcy before and had no money for a lawyer. It just seems a little unfair that he throws it out when we did get the credit counseling and it was within the 15 day period. Please help.

[keepmine]

Sorry, but you are beyond help. There have been several court rulings that state you must do the CCCS thing prior to filing.
You need to get a consultation with a bk lawyer and find out how to proceed. You will be able to file again but, there may be a waiting period .

[gordzilla]

Thank you. At least I know now that I will have to file again. But can anyone answer how long I'll have to wait. The reason we had to file is because we live month to month and my check started to be garnished. So we had to file bankruptcy to stop the garnishment or we'd have to move out. So if anyone can let me know how long I'll have to wait, I would appreciate it.

[lrprn]

[anonymuse]

This warning is on the Colorado BK courts web page:

If you have not completed this counseling before you file your petition, and
you do not meet the requirements for an extension to complete the
counseling after filing, your case will be dismissed and you will not receive
a discharge of your debts. In some cases, you may not be allowed to file
another case for 180 days. Even if you file another case within one year
after your first case was dismissed, protection under the Bankruptcy Code
from your creditors may be limited to thirty days after filing the new case.