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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can I file chapter 7 after being dismissed 35 days ago simply

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Can I file chapter 7 after being dismissed 35 days ago simply because Trustee claims he never received a copy of my federal tax returns. Case was simply dismissed without prejudice and no bar order is in effect. Want to know if new case is file will I get automatic stay?

Roger : Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question. I'll be glad to assist.

I am ready for answer

Roger : Yes, you can re-file any time as long as you weren't discharged.

Thank you very much - And the automatic stay will be in affect on the new filing correct?

Roger : Yes, it should. You can also request that the stay be extended if need be,

What about petitioning the court to strike the dismissal and reopen the previously filed case? Since it was done with the exception of the trustee receiving the federal tax return.

Roger : It's easier just to re-file a new petition.
Roger : Filing a new petition will be faster than trying to file a motion to re-open the dismissed case and getting a hearing date, etc.
Roger and other Bankruptcy Law Specialists are ready to help you