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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30900
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Chapter 7 Debtor filed on Sep 13, 2005 and on Sep 3, 2013.

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Chapter 7 Debtor filed on Sep 13, 2005 and on Sep 3, 2013. Trustee has stated that the case will not be discharged. Does the debtor have an option to submit a motion to reconsider and explain the oversight; or does the debtor have to resubmit the entire petition and request a waiver of the filing fee...since it was paid for on Sep 3, 2013?

Roger : Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for you question. I'll be glad to assist.
Roger : The debtor could file a motion to reconsider, but if it was filed too early, that can't be changed with a motion. Instead, a new case is going to have to be filed.
Roger : It would be easier to ask that the fee from the early filing be transferred to the new (timely) filing so it doesn't have to be paid twice.

Awesome. How does that get conveyed to the court...that the debtor is requesting a transfer of the filing fee. Is there an instrument that can be created to convey this request?

Roger : You would have to file a motion in the current, pending case and ask the court to dismiss the current filing as it was filed a few days before the 8 year window closed, and allow the filing fee to be used for the case that you will file immediately upon the dismissal of this case.
Roger : It's up to the judge as to whether you can do this, but the judge should understand and try to give you a hand - - if not with all, at least with part of the filing fee.

Thank you so much Roger!

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