Legal Question in Bankruptcy in Georgia
I filed chapter 7 in december 2010 and file chapter 7 in New York in 2005, now the trustee in new york filed a motion to dismissed the bk down here in geogia..what can I do?
2 Answers from Attorneys
Bankruptcy is not a do it yourself project.
If you did a Chapter 7 in 2005, you are ineligible to file another bankruptcy until 2013. If you had talked to a lawyer you would have avoided wasting a filing fee. Your case has to be dismissed as it is illegally filed.
You MIGHT be eligible for a Chapter 13. Retain a lawyer to find out.
You cannot file another Chapter 7 because of the 8 year rule. As Mr. Ashman has stated, if you filed in 2005, then you cannot file another Chapter 7 until 2013. I don't think the trustee in New York filed the motion to dismiss your case, it was more likely the trustee down here in Georgia. Your case will be dismissed as you are ineligible to file a Chapter 7. You can look at converting your case to a Chapter 13 if you still want to do bankruptcy.
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