Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
Quite the situation here!
First off, let me clarify a few things.
1. If you did not have your counseling class, and you did not sign the petition, the petition was bad and the case should be dismissed.
2. it is true, the only way to stop a sherriffs sale in foreclosure is to file before a sale date occurs.
3. This would be under chapter 13, if you have no previous ch13's, then you get the automatic stay protection. The sale would be vacated if so.
4. If you wanted chapter 7, it would do nothing to stop the foreclosure ultimately. (it would stop temporarily until the lender asks the bk court to continue it).
5. If you completed your credit counseling, and you signed the petition, you can continue the case. You can file the necessary documents and amend any incorrect ones (or your attorney will)>
6. IF you did not authorize this, you can sue the attorney (and his clerk/paralegal) for malpractice too.
7. If your case is dismissed, you can refile when you are ready.
Ok, that being said, what questions do you have?
If you know your income is going to increase, your bankruptcy schedules would reflect that on schedule I
If it's not certain, then you wouldn't have to
I WANT TO LET IT DISMISS IF POSSIBLE.
Ok, you should fire the attorney.
IS THERE A WAITING PERIOD UNTIL I CAN FILE A CHAPTER 7 AGAIN.
If you/the attorney, don't have all the necessary documents, the court would dismiss the case too.
I DO NOT WANT THIS ATTORNEY REPRESENTING ME IN A CHAPTER 7
Otherwise, you can file a motion to dismiss the case yourself, stating that the attorney filed it unilaterally without consent, etc.
You I hear you.
IN your motion to dismiss, you can also ask that the attorney be terminated
You should send that attorney a written notice of their termination too, requesting a full refund, including filing fee if you already paid them
You don't want to keep the home?
i do not want to keep the home.
then ch7 may be the best way to go.
Why did you want to wait until next year to file?
i did want to stay in it until february and she told me the filing would stop it.
You can also hire another attorney to patch this case up and continue with it. That way you would only have this bankruptcy case on your record, not two.
If she filed a ch7 for you, it would only buy you a little time. no guarantee they would wait to feb
They could modify the protection you get, and continue the foreclosure in as little as a couple weeks.
if they wanted to move that fast.
i am not sure if i understood your answer about filing a chapter 7 again i am not worried about it reporting two times. i am worried if case is dismissed that i would not be allowed to file a chapter 7 for a specified time. are you saying there is no waiting period after dismissal
If your case dismisses for failure to file documents and such, there is usually no bar to refiling a new case in most cases. The court could impose a bar to refiling in their discretion though, and if they do, it's usually only 6 months.
You may want to consult with another attorney to fix this current case, it may not be too late to patch it up.
have you received any motions to dismiss the case?
i have to go pick up my child in carpool. you have been very helpful
ok, feel free to request me for any other questions. Your Falcons are doing great! Maybe they'll meet my Bears in the Playoffs!
Good luck to you>Terry
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