Legal Question in Bankruptcy in Maryland

dismissal v. discharge
i filed a chapter 13 bankruptcy in maryland to save my home, lost home anyway and was told by the attorney handling the case to convert to a chapter 7. I sent the attorney $600 to convert the case after already having paid for the Chapter 13. I was then in Oklahoma and was told I could be present at the hearing via the telephone. I was never sent the court date nor did my attorney set it up. The case was then dismissed not discharged and I have a big mess with an unresolved matter. There were secured creditors involved as well as unsecured. What now?

Asked on 7/22/02, 3:11 pm

2 Answers from Attorneys

Lawrence Holzman Holzman Law Firm, LLC

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Re: dismissal v. discharge

You should seek advice of an attorney ASAP to get to the bottom of this. If it's still within 10 days of the dismissal, you may even be able to reverse it by filing a proper motion with persuasive facts.

As it happens , the facts are a bit unclear as stated in your posting.

The good part is that this is probably not fatal to recieving relief under chapter 7 -- you may have to wait 180 days to do so (the dismissal may bar you for 180 days from filing a new chapter 7 case from the date of the dismissal) but you should be able to file a new case and get similar relief.

To find out for sure, you're going to have to consult with an atty.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Answered on 7/22/02, 5:20 pm

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