Bankruptcy Law

Bankruptcy law questions? Ask a bankruptcy lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I recently wrote to clear up th issue of my membership. I…

Customer Question
I recently wrote to clear...
I recently wrote to clear up th issue of my membership.

I still do not know whether my original membership request was properly entered.

Who can tell me?
_______________________

My current question is as follows:

Once a bankruptcy has been filed in the Courts, is it possible to have it withdrawn or dismissed?

If it is dismissed by the Court, can the credit record be immediately restored since the bankruptcy did not go thru to completion?


Or is it the mere act of filing that destroys the credit?

Can the Court order the restoration of credit due to error in the bankruptcy filing? Is this ever done?
Submitted: 8 years ago.Category: Bankruptcy Law
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 9 minutes by:
6/28/2010
Bankruptcy Lawyer: Terry L., Attorney replied 8 years ago
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,983
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified
The fact that the case was filed will stay on the report for the next 10 years, impacting credit accordingly, regardless if the case was discharged or if it was dismissed. The court will not order restoration, since the case was filed voluntarily. Thank you for your question, good luck.
Ask Your Own Bankruptcy Law Question
Customer reply replied 8 years ago

Does it matter that the attorney representing did a horrible job of counseling the client that the process and th impact was not undestood prior to filing? Also the attorney failed to submit required documents required by the court?

 

The only filing was the ogiginal request for BK.

 

Although we provided hundreds of pages as requested by the attorney about the situation, creditors, and finances, the attorney did not prepare and file anything with the court. Isthee any hope for me getting the court to intevene? My attoney screwed up. There should be some way to reverse the damage she did.

Bankruptcy Lawyer: Terry L., Attorney replied 8 years ago
Unfortunately that will not matter with the case at hand. If there was malpractice, you can pursue a claim against the attorney. IF dismissed, it usually will be without prejudice, meaning you can file again, correctly. But the fact of the original case filing will still remain. The impact will be minimal if you file again, correctly, and use an experienced bankruptcy attorney this time. Perhaps you should request a refund from the first lawyer. Sorry you had so much trouble with the first case/attorney, I can imagine it was quite frustrating. Good luck, try the better business bureau for a referral.
Ask Your Own Bankruptcy Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a bankruptcy lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Terry L. Your Own Question
Terry L.
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,983
2,983 Satisfied Customers
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

Terry L. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,983 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

513 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
Law Educator Educator exqire (Only) (This is on both motion
Law Educator Educator exqire (Only)(This is on both motion to strike and affirmative defenses) Good day and happy Friday)I think I messed up all the motion. I will skip what happened and go straight t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it normal for a DOJ lawyer that is assigned to a
Is it normal for a DOJ lawyer that is assigned to a bankruptcy case to ignore evidence that the debtor is (and has been) depositing and transferring large amounts of cash from the debtor in possession… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
This question has a $85 bonus: The bank tried to foreclose
This question has a $85 bonus: The bank tried to foreclose on one of my two houses in mid September and I had to file bankruptcy to stop them. I did not continue the bankruptcy and I think they suspec… read more
Ray
Ray
Lawyer
Doctoral Degree
33,786 satisfied customers
If a person files a choir 13 during a divorce but has
If a person files a choir 13 during a divorce but has recently been ordered to pay spousal maintenance, is debtor still required to pay spousal maintenance?… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
My company is a creditor in a chapter 11. Is there a way for
My company is a creditor in a chapter 11. Is there a way for us to get access to the debtor's recently filed tax returns from starting back to 2012? As a creditor, are we allowed to see the full and c… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
Can a judge impose a ruling on a person (my wife) who is not
Can a judge impose a ruling on a person (my wife) who is not part of a spousal bankruptcy ( My personal bankruptcy) who's personal bankruptcy had been dismissed a year prior and ruled that she may ree… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,183 satisfied customers
I am a debtor currently in a Chapt-13 (in NYS). I completed
I am a debtor currently in a Chapt-13 (in NYS). I completed the 341 meeting 40 days ago. 14 days ago, one creditor filed an Adversary Complaint. All other creditors to-date have been mute. I am allowe… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed a chapter 7 bk pro se with the help of a non-lawyer
I filed a chapter 7 bk pro se with the help of a non-lawyer preparer. I am in over my head. I have just attended my 341 hearing and I let the trustee know my concerns. Before the hearing, I wrote to t… read more
A.J.
A.J.
Attorney
Doctoral Degree
262 satisfied customers
We had a pool built on our property the company who built the
We had a pool built on our property the company who built the pool ended up going to jail for basically stealing everyones money and not paying contractors who were building the pools. We ended up wit… read more
socrateaser
socrateaser
1,031 satisfied customers
If I filed bankruptcy in March 2008 and it was dismissed in
If I filed bankruptcy in March 2008 and it was dismissed in June 2008 am I obligated to pay this credit card company the balance of $7,585.00 if my Equifax Credit Report for this month shows the accou… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I filed chapter 11 Bankruptcy 11-22-10 Pro SE, I was a Debtor
I filed chapter 11 Bankruptcy 11-22-10 Pro SE, I was a Debtor in Possession Until 6-15-11 on 5-27-11 I filed to Voluntarily Dismiss my Chapter 11 Case that I Voluntarily Petitioned. My Ex-Parte Motion… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
He originally was going after me for maintenance, thru discovery
He originally was going after me for maintenance, thru discovery we were able to show the judge just some of this activity and in a preliminary hearging the judge gave me 6 yrs non-modifyable maintena… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My wife and I filed a chapter 7 bankruptcy approx 7 yrs ago.
My wife and I filed a chapter 7 bankruptcy approx 7 yrs ago. 4 mos into the filing process our bankruptcy attorney convinced my wife that chapter 13 protection was recommended due to us being 30 days … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Type your question here.Can there be arrearages in a bankruptcy
Type your question here.Can there be arrearages in a bankruptcy case. My loan company said, after I was out of bankruptcy, that I did not make a payment for one month in 2004. I think this is fraud on… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,983 satisfied customers
I am currently in a chapter 13 bankruptcy case. At present
I am currently in a chapter 13 bankruptcy case. At present we are at a stand still. The original mortgage company failed to record their mortgage back in 2005. But prior to me getting the docket# XXXX… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,983 satisfied customers
Hello, I cannot find anyone who can answer this question.
Hello, I cannot find anyone who can answer this question. My ex-husband and I filed for a Chapter 13 bankruptcy. At the 341 hearing the judge denied confirmation. Due to personal circumstances I chose… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
My lawyer filed bankruptcy in my behalf. I canceled the bankruptcy
My lawyer filed bankruptcy in my behalf. I canceled the bankruptcy before filling. the lawyer clerk did not cancel the bankruptcy so it was filed in error. The lawyer admits the mistake but it has not… read more
JoeLawyer
JoeLawyer
Attorney
Juris Doctorate
376 satisfied customers
I need help, I have a judgment from Merrill Lynch. Last year,
I need help, I have a judgment from Merrill Lynch. Last year, it was a uphill batter, but the trustee finally granted my bankruptcy. Unfortunately, the judgment was excluded from the chap. 7. I just r… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x