Legal Question in Bankruptcy in Pennsylvania

Can I refile A chapter 7

I live in PA I filed a chapter 13 and then converted to a chapter 7 make bankrupcey was not granted because I moved and was not aware of a court date my old attorney never changed my address or called me to leave me a message on a date Since my bankrupcy was never granted can I refile


Asked on 10/26/07, 11:20 pm

2 Answers from Attorneys
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Can I refile A chapter 7

Since 2005 when the law was changed, any petitions filed within a year of another case, require the filing of a motion to extend the automatic stay. If you can show a change in circumstance since the last case and/or can show you are clearly eligible for Chapter 7 now, the motion should be granted.

I trust that answers your question but feel free to call or E-mail for a free initial consult.

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Answered on 10/30/07, 10:04 am
John Gibson John W. Gibson, Esquire

Re: Can I refile A chapter 7

Before the Bankruptcy Reform Act I would have just said "yes, you can re-file." Now I'm not sure. Generally, if you are not granted a discharge the time limit does not apply but the "Reform" Act has so many qualifications on granting a discharge I'm hesitant to give any blanket answer.

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Answered on 10/28/07, 2:22 pm


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