Brief history........

Filed Ch. 7 in December 2002. Converted to Ch. 13 in January 2003. Ch.
13 was dismissed in May 2003 because I did not have the income to make
payments on the plan.

Now, my original attorney, who I have learned the hard way is not as
knowledgeable or savvy as I could have paid for, told me that I can
"file anytime now that my case was dismissed without prejudice." After
doing more research on my own, I have found statutes that say you cannot
file bankruptcy within 180 days of a dismissal because of failing to
comply with court orders.....the attorneys here know what I am talking
about verbatim I am sure.

Why is my attorney telling me that I can refile anytime now? I am in
Florida. I don't see why being in this state would make any difference
to that federal statute. Any clarification is appreciated.

If your case was dismissed "without prejudice" the 180 day rule
doesn't apply.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"some guy" <here@home.com> wrote in message
news:3F1B58F6.4020008@home.com... Brief history........ Filed Ch. 7 in December 2002. Converted to Ch. 13 in January
2003. Ch. 13 was dismissed in May 2003 because I did not have the income
to make payments on the plan. Now, my original attorney, who I have learned the hard way is
not as knowledgeable or savvy as I could have paid for, told me that I
can "file anytime now that my case was dismissed without
prejudice." After doing more research on my own, I have found statutes that say
you cannot file bankruptcy within 180 days of a dismissal because of
failing to comply with court orders.....the attorneys here know what I am
talking about verbatim I am sure. Why is my attorney telling me that I can refile anytime now? I
am in Florida. I don't see why being in this state would make any
difference to that federal statute. Any clarification is appreciated.

I trust your answer on this Mr. Weiss, but out of curiousity, what is
the exception for having the case dismissed without prejudice. Reading
the statute, I "willfully ignored orders from the court." In the sense
that I missed the second 341 meeting and couldn't comply with the
payment schedule.

Is all that matters is that the dismissal papers say "without prejudice?"

Thanks

Brett Weiss wrote: If your case was dismissed "without prejudice" the 180 day rule doesn't apply.

Yes, that's all that matters.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"some guy" <here@home.com> wrote in message
news:3F1C1D26.2040309@home.com... I trust your answer on this Mr. Weiss, but out of curiousity,
what is the exception for having the case dismissed without prejudice.
Reading the statute, I "willfully ignored orders from the court." In
the sense that I missed the second 341 meeting and couldn't comply with
the payment schedule. Is all that matters is that the dismissal papers say "without
prejudice?" Thanks Brett Weiss wrote: If your case was dismissed "without prejudice" the 180 day
rule doesn't apply.