Dissmissed chapter 7 in September now what?

[jbanks]

Does anyone know what I can expect in this situation? My bk has been going on since March, just got dismissed in September. Have only heard from one creditor? Do I just wait? Has anone been in this situation? If so what did you do? I have about 15 unsecure accounts totaling around $85,000. The one creditor I heard from just sent a regular silling statement but claims I'm 3 months past due. Are you under bankruptcy protection until you are dismissed? Can creditors make you pay for the time you were under the protection? I can do some bargaining with credtors but I don't have near the $85,000. Chapter 13 is out of the question for my circumstances. Are their attorneys that you can pay to settle creditor accounts? Is it worth it to hire one -The largest amount I owe to one creditor is $15,000. Thanks for any suggestions and or ideas

[dspii]

Dismissed, why and if so...you are back to the same place you were the day before you filed...you owe all your debts, with zero protection.

[AngelinaCatHub]

Here is an excellent site for all kind of questions. Not pushing any advertising only the fact that I see an overall wealth of answers here:

http://blog.legalhelpers.com/can-i-file-bankruptcy-again/

You will have to hold out for at least 180 days. I too am interested on what grounds and circumstances you got dismissed. We are here to teach and to learn. Were you represented? Was fraud proven? Any inaccurate information on your forms? If anyone was meat for dismissals in multiple, we were for our ignorant mistakes and no guidance at all from our lawyer. All were explainable and correctable but cost us 10K penalties for our ignorance. We never got close to the UST though and I am surprised. I truly believe that we were seen as just ignorant of what was going on. We went to a meeting and didn't even know it was a 341, so we had no fear so I guess that was good. Took five minutes and a snicker from the Trustee. A nice guy.

Please fill us all in so as to help others not make your mistake. 'Hub

[tobee43]

Does anyone know what I can expect in this situation? My bk has been going on since March, just got dismissed in September. Have only heard from one creditor? Do I just wait? Has anone been in this situation? If so what did you do? I have about 15 unsecure accounts totaling around $85,000. The one creditor I heard from just sent a regular silling statement but claims I'm 3 months past due. Are you under bankruptcy protection until you are dismissed? Can creditors make you pay for the time you were under the protection? I can do some bargaining with credtors but I don't have near the $85,000. Chapter 13 is out of the question for my circumstances. Are their attorneys that you can pay to settle creditor accounts? Is it worth it to hire one -The largest amount I owe to one creditor is $15,000. Thanks for any suggestions and or ideas

as hub was pointing out...the question here is why was your bk dismissed??????

a bankruptcy is dismissed for a reason....presumption of fraud...and other factors as well...

are you mistaken...and it was discharged???

if it was dismissed you MUST go back to the atty that has handling your case and find out the status of what is happening, because from what you saying you are indeed, back to square one.

good luck...but call the atty who handled the case asap.

[ryan]

Are their attorneys that you can pay to settle creditor accounts? Is it worth it to hire one -The largest amount I owe to one creditor is $15,000. Thanks for any suggestions and or ideas

I think this is premature. As others have suggested I'd first figure out why you were dismissed?

And getting an atty to settle creditor accts only works if you have the funds to settle (which might be on the order of 50% of what you owe.) ..and if you have the funds, an atty might not even be necessary.

[backtoschool]

If your chapter 7 was dismissed, you cannot file again for 180 days. Usually a case is dismissed if there was an indication of fraud or bad faith, or if you were not eligible or did not want, to file for a chapter 13 and did not meet the presumption of abuse requirements.

Your attorney is going to have to give you details. There is usually indication way before the dismissal, that your case is at risk.

As to settling with creditors, that requires bulk payments, to settle in one lump sum. Usually you can settle accounts for 40-50% of what is owed, sometimes a bit less. You will also owe attorney's fees to settle.

[jbanks]

we got dismissed because we got BAD advise from our attorney who "thought" from her means test that we passed, but we did not. Her figures were not calculated correctly. We trusted that she knew what she was doing. We had a 2004 meeting and it was at that meeting that they explained what figures she had used were wrong. They were very polite and offered a 13. We cannot do a 13 as I work in sales and need travel money and expenses. I now just need to figure out whether to get an attorney to settle the 15 unsecure debts or try myself with my 401k money

[AngelinaCatHub]

we got dismissed because we got BAD advise from our attorney who "thought" from her means test that we passed, but we did not. Her figures were not calculated correctly. We trusted that she knew what she was doing. We had a 2004 meeting and it was at that meeting that they explained what figures she had used were wrong. They were very polite and offered a 13. We cannot do a 13 as I work in sales and need travel money and expenses. I now just need to figure out whether to get an attorney to settle the 15 unsecure debts or try myself with my 401k money

You would be very wise to bite the bullet, let them sue you, (if you have to) and stay away from your future retirement which is Judgment/collection proof. Once you cash it in, it becomes income, you pay tax upon it, and a 10% penalty. Now going bankrupt is one thing, going stupid is another. Settle down and think. Leave your retirement be.

The Judgments cannot get what you don't have, or what is exempt. At this time, draw your accounts down, go cash only, stop credit cards and attempt to live as if you got your C7 discharge. If you cannot, not even a 13 would help you. You say you cannot do a 13, yet you cannot do a 7? So what can you work out? You best get back with that lawyer and get your paid for advice, or get a better lawyer. Advice, get a better lawyer, she/he already screwed you over. You got 180 days to contemplate this. I doubt any lawsuit will come within that amount of time.

I've been through a 2004 as well. I've made all the mistakes you could imagine except fraud and dishonesty. Only ignorance. You are probably in the same boat I was in. Uninformed. Get the C7 Nolo book or go the the Library and check it out. (not very expensive download pdf). You are not as bad off as you think, just step back and get a better perspective of the situation. You are too close to it emotionally at this time. 'Hub

[AngelinaCatHub]

BTW: A 2004? I would have though the Trustee at your 341 would have caught that item. This could have been fixed before a 2004 which is a hearing or "deposition" under oath as to certain facts. Is there more to this? 'Hub

[treehugger1]

As to your question...you should expect creditors to come at you once again. They may send your accounts off to collection agencies or their attorneys. If you can survive 25% wage garnishment and protect your bank accounts, then you might want to take the risk until you potentially qualify for a BK 7.

[debee]

If you decide to try to file ch7 again, you have an opportunity to look over your means test figures and see what you can change that you would get you over the hump. In fact you have 6 months before you can file again and that is the look-back period of the means test.

We made lifestyle changes that impact our means test. Things we should have been doing all along - medical, insurance, etc. That might be an option for you too.

[jbanks]

Thanks for the information. To answer the other question about the 341 catching all the numbers that the attorney used incorrectly,all I can say is that it was a catle call and there were no questions for anyone -just basics and goodbye. It was within the 10 days after that we got the motion to dimiss claiming we didn't meet the means test. Our attorney said -"oh they play this game now, we'll file an objection to the dismissal." We did and that led to the 2004 meeting in which our attorney was literally schooled. I have been suprised that we haven't heard from creditors already after they got the notice of dismissal a month ago now. We own our home, no real equity and 2 cars with 120,000 miles or more. We have some 401 k money and 2 small IRA's. In NC they can't garnish your wages but they can take your bank account. I worry about that happening. Is it still best to see an attorney and figure out a plan? We have recieved an offer of 20% off the ONly account we have heard from which is now through a collection agency. It is very small under $300. I am mostly concerned about the 4 larger accounts. Do you get any notice before they take your bank account? I still am wondering if we should approach them or wait to hear....? from them...

[debee]

When you say they can take your bank account, do you mean they can seize your paychecks when they are deposited? If that is the case, can you just cash your checks without depositing any of the money?

[treehugger1]

In general, there are wage garnishments and bank garnishments/levies. Wages are garnished prior to any deposits made to your accounts or any check cut to you by your employer. Bank accounts can be garnished in addition to wages. If you have wages garnished and deposit the remaining pay into a bank account, then supposedly the ungarnished wages are exempt from seizure (they are part of the 75% wages that are yours to keep/exempt.) However, as many have found out, while the remaining wages are your's to keep, if you deposit them into a bank account, then they can be garnished. It is then up to you to argue that the wages on account were exempt. It can take 3 days - months to have the money returned to you. State laws vary, so you should read up on your exemptions and then learn what to do if your exempt assets/wages/bank acounts are seized.

[backtoschool]

In general, there are wage garnishments and bank garnishments/levies. Wages are garnished prior to any deposits made to your accounts or any check cut to you by your employer. Bank accounts can be garnished in addition to wages. If you have wages garnished and deposit the remaining pay into a bank account, then supposedly the ungarnished wages are exempt from seizure (they are part of the 75% wages that are yours to keep/exempt.) However, as many have found out, while the remaining wages are your's to keep, if you deposit them into a bank account, then they can be garnished. It is then up to you to argue that the wages on account were exempt. It can take 3 days - months to have the money returned to you. State laws vary, so you should read up on your exemptions and then learn what to do if your exempt assets/wages/bank acounts are seized.

This is excellent advice. Many people lose their wages to garnishment once the wages hit the bank account, even though the wages are supposed to be exempt.