Update - Comments Appreciated
I posted here back in early January about my Ch. 7 case in Florida. To recap, I filed a Ch. 7, I had $50k + in CC debt from cash advances that were lost in the stock market. I listed all of my creditors and any payments made in the last year. Well, I had repaid a family member $6000 when I sold my house back in March of 2002. I had to disclose this and my attorney said the trustee would probably overlook it. Well, that didn't happen and the trustee was going to go after my family member for the $6000. Since I didn't want to have to pay that back to the family member, my attorney said that if we tried to convert to a Ch. 13 and it was successful, I could make a couple of the scheduled payments and then default. Once the case is dismissed, we will refile the Chapter 7 and the $6000 I paid to my family member will not have to be listed because it will be longer than 1 year. Well, the conversion to a chapter 13 was successful. I received my court order today and I am now waiting on a new 341 date. I asked my attorney when we he thought we could do a ch. 7 if I paid 2 months of payments and then defaulted and he said for the dismissmal to take place and the refiling we would be looking at the fall of 2003. Mr. Weiss, does that sound like a reasonable time frame? I honestly thought that I pay for 2 months, then default and then immediately refile a ch. 7. I don't see why it would take until the Fall of 2003. Any comments are appreciated. Thanks and for anyone who is considering filing, don't sweat it. The 341 is a piece of cake and you can get on with your life.
Answer:
I suspect that the attorney believes either that the dismissal would be with prejudice (which would require a 180 day delay in refiling) or that it would be netter to put some distance between the dismissal and the refiling so as to avoid a bad-faith argument. It is pretty standard here in Florida (at least the middle district) for a dismissed case to have a 180 day injunction period before refiling is allowed.
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