Best Bankruptcy Lawyers in Lawrence, MA

A dismissal order ends the bankruptcy case before a discharge order enters. When the Court dismisses the case, the automatic stay ends and creditors may start to collect debts again. An order of dismissal does not free the debtor from any debt. Unless the debtor appeals the order or seeks reconsideration of the order of dismissal within 14 days, the Clerk will automatically close the case.

Perhaps. Upon the filing of the new case, the automatic stay will be limited to 30 days if a chapter 7, 11, or 13 debtor has had 1 other bankruptcy case pending within one year of the filing of the later bankruptcy petition and that first case was dismissed. The automatic stay shall not go into effect in a bankruptcy case filed by an individual debtor who has had 2 or more bankruptcy cases pending within one year of the filing of a later bankruptcy petition and those prior cases were dismissed. In order to obtain the full protection of the automatic stay in each of the foregoing instances, the debtor must file a motion with the Bankruptcy Court detailing the reasons for the previous case dismissal(s) and any changes of circumstances since that time which would justify the extension or imposition of the automatic stay.

Every bankruptcy case is different, and every bankruptcy case has its own unique issues. Some debtors go through the bankruptcy process without ever seeing the Courtroom or the judge. Whether you can expect the same will depend on your case and the issues it presents.

If a debt has been discharged, a creditor attempting to collect the debt may be violating the discharge injunction. You should speak with your attorney about the rights you may have.

In many cases, if you have a car loan you will be responsible for making regular monthly payments directly to the secured creditor (as with the mortgage payments). In other cases you may pay your car payments to the Trustee through your Chapter 13 plan. This is a decision that you and your attorney will discuss prior to the filing of your plan. If you lease a vehicle and your Plan provides for your retaining the lease, you will be responsible for making regular monthly lease payments directly to the creditor.