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My husband and I claimed/filed bankruptcy a couple of years…

My husband and I claimed/filed...
My husband and I claimed/filed bankruptcy a couple of years ago and messed up the payments to the bankruptcy clerk (I sent one by personal check by mistake). We received something (I can't find it now) that said we were no longer considered in bankruptcy. Can we file for bankruptcy again because we are in danger of losing our house to foreclosure?
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6/26/2010
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 22,750
Experience: B.A.; M.B.A.; J.D.
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Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

My husband and I claimed/filed bankruptcy a couple of years ago and messed up the payments to the bankruptcy clerk (I sent one by personal check by mistake). We received something (I can't find it now) that said we were no longer considered in bankruptcy. Can we file for bankruptcy again because we are in danger of losing our house to foreclosure

 

Response: Yes, you can file for bankruptcy again since it has been more 180 days since the dismissal of your previous case.

 

Generally, you can file for a Chapter 7 bankruptcy relief every eight years of getting a discharge from the previous filing.

 

An individual is not eligible to file a Chapter 7 petition if within the preceding 180 days, he was a debtor in a bankruptcy case dismissed for willful failure to abide by orders of the court or appear before the court in proper prosecution of the case or he requested and obtained voluntary dismissal of a bankruptcy case following the filing of a request for relief from automatic stay.

 

An individual whose previous bankruptcy was dismissed within 180 days may not be eligible for a Chapter 13 bankruptcy.

 

 

See 11 U.S.C. Section 109(g); Section 349(a); Sections 727(a)(8), 727(a)(2), and 727(a)(11).



Edited by AttorneyPhillips on 6/26/2010 at 12:28 AM EST
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Customer reply replied 8 years ago

 

 

 

Does screwing up your payments to the bankruptcy court fall under this: "An individual is not eligible to file a Chapter 7 petition if within the preceding 180 days, he was a debtor in a bankruptcy case dismissed for willful failure to abide by orders of the court",?

Also I am not sure what Chapter we filed, I just know we had to make payments to a court appointed person who then distributed the money I guess. I am pretty sure we have at least past the 180 day mark, but if I cannot find my paperwork is there somewhere I can go to find out what Chapter we filed under and when? Although we paid our last bankruptcy attorney in full and I suppose he did an adequate job

my husband did not like him and I am not comfortable gong back to him. If we do decide to go the bankruptcy route again can you give us a Philadelphia or Bucks County PA referral?

Thanks for your patience,

 

Does screwing up your payments to the bankruptcy court fall under this: "An individual is not eligible to file a Chapter 7 petition if within the preceding 180 days, he was a debtor in a bankruptcy case dismissed for willful failure to abide by orders of the court",?.

 

Response 1: Having problems with your payments would not fall under willful violation. In any event, it has already been more than 6 months since your case was dismissed if you remember filing the case two years ago. Thus, you are eligible to file under any chapter that you chose--Chapter 7 or 13.

 

 

Also I am not sure what Chapter we filed, I just know we had to make payments to a court appointed person who then distributed the money I guess

 

 

Response 2: What you have just described is a Chapter 13 case. The payments are made through the Chapter 13 Trustee.

 

I am pretty sure we have at least past the 180 day mark, but if I cannot find my paperwork is there somewhere I can go to find out what Chapter we filed under and when?

 

Response 3: Yes. This information can be easily found by going or calling the bankruptcy Court where you filed the case years ago. The information is also available online through PACER, which stands for Public Access to Electronic Records. In order to access the records, you must register first. Click here for PACER:

 

http://www.pacer.gov/

 

Click here to locate your bankruptcy Court:

 

http://www.uscourts.gov/court_locator/CourtMapDetails.aspx?state=PA

 

 

Although we paid our last bankruptcy attorney in full and I suppose he did an adequate job my husband did not like him and I am not comfortable gong back to him. If we do decide to go the bankruptcy route again can you give us a Philadelphia or Bucks County PA referral?Thanks for your patience,

 

Response 4: Unfortunately, I do not know of a specific bankruptcy attorney to refer you to. However, you can use the sites below to locate a bankruptcy attorney in Philadelphia or Bucks County:

 

http://www.nacba.org/

 

http://www.naca.net/

 

http://www.justia.com/

 

http://www.attorneypages.com/

 

 

 

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 22,750
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 8 years ago

Thank you so much for your helpful and prompt reply. It seems that bad news always gets to us on Friday afternoons and I would not have been able to sleep all weekend without your answers. I especially appreciate the info links. I had a brain tumor removed in October of 2007 (hence all the financial troubles) and my memory and organizational skills have suffered as a result, so it is doubtful I will find any old paperwork and the links will be really helpful. Thanks again and have a great weekend!

You are quite welcome.

 

I wish you the very best,

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