Legal Question in Bankruptcy in California

Refiling A Claim After A Dismissal

My Chapter 7 petition has been dismissed by the trustees. Can I refile my claim again? What are my options (or where can I obtain information on how to refile)on refiling? Am I required to complete the petition again or may I use the original petition?


Asked on 5/24/98, 2:54 am

1 Answer from Attorneys

Mark Markus Law Office of Mark J. Markus

Refiling a Claim After a Dismissal

Well, first of all Trustee's don't have the power to dismiss a case. If the Court dismissed your case, and there was no prohibition on refiling contained in the order, you may refile your case at any time (of course, whether you should do this depends in part on why the case was dismissed to begin with). You would need to complete a new petition. As to refiling a "claim", I'm not sure what you mean. If you were the Debtor, you have no claim against the estate. That's something creditors have. If you need further assistance or desire representation, please visit my web page and give me a call. I would be most happy to assist. Mark

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Answered on 6/18/98, 8:36 pm


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