Another Means Test Question -- Withdraw and Refile?

[railspike2]

Here's another one. Is it against the rules to withdraw your petition and refile for the sake of getting a better result on the means test? We had considered waiting until October 1st anyway, but we thought we had our numbers in order so we filed in July. The UST found some things that we hadn't considered. My wife has been unemployed, but was employed during the first three months of the six month period. If we were to file now, those wages would not be shown on the B22A.

I can't find anything on the web that addresses that. It sounds like something we wouldn't be able to do. Is it?

[no_it_all]

I suppose if your BK was voluntary, you could withdraw it. I <think> you have to wait about six months before you can re-file. Reason is to prevent people from taking advantage of the Automatic Stay. Did you pass the Means Test ??

[railspike2]

We won't pass if his statements about our B22A hold up.

I've done some more reading on this forum and evidently you can refile, and how you can do it quickly depends on whether you were dismissed "with prejudice" or "without prejudice." I'd like to see some comments about that. How fast could we do it?

Furthermore, don't you think the credit card companies will pretty much pounce on us as soon as this filing is dismissed (if it is dismissed)? What can I expect with all of that?

[lrprn]

We won't pass if his statements about our B22A hold up.

I've done some more reading on this forum and evidently you can refile, and how you can do it quickly depends on whether you were dismissed "with prejudice" or "without prejudice." I'd like to see some comments about that. How fast could we do it?

Furthermore, don't you think the credit card companies will pretty much pounce on us as soon as this filing is dismissed (if it is dismissed)? What can I expect with all of that?

Dismissed with prejudice means the debts covered in the dismissed bk case cannot be discharged in any future bankruptcy case. This is a bad thing. Dismissed without prejudice means the debts can still be discharged in a future bk case. Something else to keep in mind that if your case is dismissed, I believe you have to wait 180 days to file again. This is a good question to ask a lawyer if you are interviewing them in anticipation of filing.

All your creditors will be notified if your bankruptcy is dismissed because the court sends out a letter to each of your creditors. It won't take long for them to smell blood and come a runnin' to get what can out of you through garnishment or liens.

[FoolAndHisMoney]

Dismissed with prejudice means the debts covered in the dismissed bk case cannot be discharged in any future bankruptcy case. This is a bad thing. Dismissed without prejudice means the debts can still be discharged in a future bk case. Something else to keep in mind that if your case is dismissed, I believe you have to wait 180 days to file again. This is a good question to ask a lawyer if you are interviewing them in anticipation of filing.

All your creditors will be notified if your bankruptcy is dismissed because the court sends out a letter to each of your creditors. It won't take long for them to smell blood and come a runnin' to get what can out of you through garnishment or liens.

Irprn, are you sure? I thought that denial of discharge meant that you can never discharge debts in a future bk case usually brought on by actual fraud.

Dismissed with prejudice means one was dismissed because they filed in bad faith, for example abusing the automatic stay by intentionally not correctly filing schedules or intentionally not showing up at the 341. The next time they file this person would file he would have the burden of proving the second filing is in good faith. I could be wrong about this.

[FoolAndHisMoney]

We won't pass if his statements about our B22A hold up.

I've done some more reading on this forum and evidently you can refile, and how you can do it quickly depends on whether you were dismissed "with prejudice" or "without prejudice." I'd like to see some comments about that. How fast could we do it?

Furthermore, don't you think the credit card companies will pretty much pounce on us as soon as this filing is dismissed (if it is dismissed)? What can I expect with all of that?

I'm confused. You filed the means test form b22a and the UST found a problem? The only way they could find a problem on this form is if you didn't use actual income numbers on it. If you used actual numbers and checked the presumption does not arise then what did he find that's different? If there is a presumption then you would have to rebut it by explaining that your wife lost her job beyond her control and the judge will decide. If the judge doesn't like it then you will probably be dismissed with the option to convert to a 13.

[lrprn]

Irprn, are you sure? I thought that denial of discharge meant that you can never discharge debts in a future bk case usually brought on by actual fraud.

Dismissed with prejudice means one was dismissed because they filed in bad faith, for example abusing the automatic stay by intentionally not correctly filing schedules or intentionally not showing up at the 341. The next time they file this person would file he would have the burden of proving the second filing is in good faith. I could be wrong about this.

I think we're both saying the same thing, FOMO - I just didn't list the reasons that dismissed with prejudice can happen. You're right - fraud is a very frequent reason for a bk case to be dismissed with prejudice.

See the last section "Sanctions" at http://touchngo.com/lglcntr/usdc/bnk...iefs/bnk45.htm for an explanation of the several ways 'dismissed with prejudice' can be used under the bankruptcy law. For the court to decide that a debtor can NEVER discharge a debt EVER is reserved for the very most serious of fraud cases. It's more typical for the debtor to be allowed to fix the issues and try refiling in 180 days.