Legal Question in Bankruptcy in California

Re: Chap 7 dismissal appealing 7 year refile stipulation

The situation you're describing is not one I've heard of before. Normally, if a Chapter 7 has been "dismissed" rather than being "discharged", there should not be any waiting period to re-file, except for a possible 180-day bar. The 7 year waiting period only applies when there has been a discharge. I'd have to talk to you to get the details, and see whatever court order you have. I'm at 818-240-0484.

Re: Chap 7 dismissal appealing 7 year refile stipulation

Your question doens't make sense. When the debtor is normally thrown out of BK there a 180 day bar against refiling. After discharge of the debts it's six years before the debtor may refile a Chapter 7. However, the debtor may file a chapter 13. This is called a Chapter 20 (a nick name and not an actual chapter).

Re: Chap 7 dismissal appealing 7 year refile stipulation

Who did you enter into the stipulation with? I've never heard of such a thing in 12 years of doing this. In fact, I somehow doubt that it is even a valid stipulation. Did the court approve the stipulation? I would need to see a copy of the order approving the stipulation and a copy of the order dismissing your case to see what is really going on.