QUESTION

What happens if my chapter 7 is denied, can I file again?

Asked on Sep 10th, 2013 on Bankruptcy - New Jersey
More details to this question:
I have recently file a chapter 7, scheduled on the 26th of September. I have about 15k in cash, and a 20 dollar an hour job. The rest of my money 13k is in an IRA. If I have health insurance which I don't, I would not have any money left over. I could get it now but it would look so suspect. If denied, then what? And the if things go south with my job, could I file another chapter 7 or would I be eligible for another chapter 7 or would I have to complete a 13? I feel I will be denied because I am working, my personal asset including my truck and tools don't exceed 8k. I really feel I blew it. He did suggest chapter 13.
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7 ANSWERS
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Answered on Oct 31st, 2013 at 6:08 AM
You will probably lose the cash to the trustee. You should be able to keep your other assets and get a discharge.

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Mr. Eric C. Lewis
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Answered on Sep 16th, 2013 at 5:45 AM
I am curious how you have filed bankruptcy with 15k cash. I would think the bulk of that is nonexempt. Under some circumstances you can refile chapter 7.

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Richard hirsh
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Answered on Sep 12th, 2013 at 10:17 AM
You can convert your chapter 7 to a chapter 13. It is not clear why you would have filed a chapter 7 if you have 15K in cash that is apparently not exempt. What is the source of that money? You can only get a bankruptcy discharge once every 8 years, as a general rule. So re-filing in less than that time is not usually advisable. If you have already filed the chapter 7 you cannot use that 15K in cash. Be cautious so as not to put your discharge in jeopardy. Conversion to a 13 may be an option, especially if your attorney recommended it already.

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Answered on Sep 11th, 2013 at 8:46 PM
Pay for an attorney before you do something and lose all your cash!

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Answered on Sep 11th, 2013 at 3:41 PM
What did your attorney say?

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Answered on Sep 11th, 2013 at 1:03 PM
Who is "he?" The allowed exemptions (assuming they have been properly claimed) for the jurisdiction in which you live will govern what you are able to keep and protect from your trustee and your creditors. If you have a lawyer that is who you should be speaking with. If you do not have a lawyer you may want to consult with one.

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Answered on Sep 11th, 2013 at 12:36 PM
It really depends on why your Chapter 7 was dismissed. Perhaps you could have converted your case. Without details it is hard to say.

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