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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31662
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.
Customer:

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.
Customer:

Thank you so much Roger!

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