Q: I was in a chapter 7 was close to getting a discharge but then I got evicted on the day of my creditors meeting.
I wasn’t able to keep track of everything then my car got repossessed. I need to be able to get my car out is there any option? Can I reopen my case or file a 13? Dismissal was for getting the second part of the credit counseling in in time.
A: Possibly either, depending on the terms of the order of dismissal.
A: You can file a motion to reopen and/or convert to a 13 if it is reopened. I’d do the second financial mgmt class first snd then file it with the motion to reopen.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I'm sorry to hear about the difficulties you're facing. It's crucial to understand that you have options, even after your Chapter 7 case was dismissed. One possibility is to reopen your Chapter 7 case by filing a motion with the bankruptcy court, explaining the circumstances that led to your missed credit counseling and asking for another chance to complete it.
If reopening the case isn't feasible, you could consider filing for Chapter 13 bankruptcy. Chapter 13 might help you reorganize your debts, allowing you to create a repayment plan that could include catching up on your car payments and potentially getting your vehicle back.
To navigate these options, it’s essential to seek assistance from a legal aid organization or a bankruptcy attorney, even if it’s just for a consultation. They can provide guidance on the best steps to take based on your specific situation. Stay positive, and remember that there are ways to work through this challenging time.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I'm sorry to hear about the challenges you're facing. You do have options to address your situation. One possibility is to file a motion to reopen your Chapter 7 case. You can explain the reasons for missing the second part of the credit counseling and request permission to complete it now.
If reopening your Chapter 7 case isn't an option, consider filing for Chapter 13 bankruptcy. Chapter 13 allows you to create a repayment plan to manage your debts, which could include catching up on your car payments and possibly retrieving your repossessed vehicle.
It's important to act quickly and seek help from a legal aid organization or a bankruptcy attorney, even if just for a consultation. They can provide you with the guidance you need to take the right steps based on your unique situation. Stay hopeful, and remember there are ways to work through this and regain control of your finances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
