Legal Question in Bankruptcy in Ohio

Can i refile?

My husband and i filed for Chap.13 in march last year. It was dismissed last month for nonpayment. We would like to file chap. 7. I think from my research i have to wait 180 days to refile. Should i use a different lawyer? What do we get to keep? Will anything happen to our child? And finally how long after we file to they come and take everything? Do they give us notice?


Asked on 1/11/03, 4:25 pm

1 Answer from Attorneys
Jay Maynard Attorney at Law

Re: Can i refile?

Most of the questions you asked are questions I am unable to answer without reviewing a copy of your Chapter 13 petition that was dismissed.

However, you are correct about waiting the 180 days to refile a Chapter 7. Although you can refile a Chapter 13 petition at any time, to file a Chapter 7, you must wait 180 days after discharge.

Questions such as "Should you hire another attorney?" is a question I also cannot answer. That is a decision you have to make. If you were unhappy with the attorney you hired, hire someone else instead. It's your money and your life.

If you are unable to afford an attorney, there are experienced paralegals who also prepare petitions for low-income people. One I know is located at http://www.bankruptcyparalegalservices.com which I have heard good things about.

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Answered on 1/11/03, 9:57 pm


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