Dismissal and refiling to discharge post-petition deb=

Yahoo Bot · Wed Feb 17, 2010 2:08 pm

Don't forget to raise the issue with your clients that all of the medical bills maynot yet be incurred. The new filing date must be carefully considered.
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Wed, February 17, 2010 12:58:31 PM
Subject: Re: [cdcbaa] Dismissal and refiling to discharge post-petition debts from medical emergency
If you file a motion to dismiss, the court should deny it.
If you don't file any more papers, the court will automatically dismiss, without a bar.
You can refile if the court automatically dismisses.
You raise a lot of issues you need to discuss with your clients, the creditors may come pouring back at the client after the dismissal.
Tell your client the rules, make them make a dicision, then follow your client's directions.
dennis
wrote:
>Subject: [cdcbaa] Dismissal and refiling to discharge post-petition debts from medical emergency
>To: cdcbaa@yahoogroups. com
>Date: Wednesday, February 17, 2010, 7:38 AM
>
>
>
>H&W filed a joint C7 and H had a heart attack this weekend. Clients have not yet filed their post-filing debtor ed certs, but the deadline for doing so is 3/5. H is unemployed, but covered under Ws employer provided health insurance. I dont know yet what the new debt for uncovered treatment will be.
>
>Can clients dismiss the case or, alternatively, simply fail to file their debtor education certificates and let the case be closed, and then refile to discharge the new medical debts?
>
>I researched this question last night on Rutters CA BK treatise, and found (if I understood correctly) that the debtors desire or need to discharge post-petition debts is not good cause for a dismissal.best course of action is at this point regarding the new medical debts?
>
>Thank you.
>
>____________ _________ _________ ______
>Law Office of Matthew Gary Evans
>Matthew Gary Evans, Esq.
>16 North Marengo Avenue, Room 219
>Pasadena, California 91101
>Tel.: (626) 405-9448
>Fax: (626) 768-7565
>Cell: (213) 842-6645
>Email: matthew@matthewgary evanslaw. com
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>
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Don't forget to raise the issue with your clients that all of the medical bills may not yet be incurred. The new filing date must be carefully considered. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706-B Newport Boulevard, Costa Mesa, CA 92627-3073Telephone: (949)650-3328
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: Dennis McGoldrick <easky1@yahoo.com>To: cdcbaa@yahoogroups.comSent: Wed, February 17, 2010 12:58:31 PMSubject: Re: [cdcbaa] Dismissal and refiling to discharge post-petition debts from medical emergency
If you file a motion to dismiss, the court should deny it.

If you don't file any more papers, the court will automatically dismiss, without a bar.

You can refile if the court automatically dismisses.

You raise a lot of issues you need to discuss with your clients, the creditors may come pouring back at the client after the dismissal.

Tell your client the rules, make them make a dicision, then follow your client's directions.

dennis--- On Wed, 2/17/10, Matthew Gary Evans <matthew@matthewgary evanslaw. com> wrote:
ew Gary Evans <matthew@matthewgary evanslaw. com>Subject: [cdcbaa] Dismissal and refiling to discharge post-petition debts from medical emergencyTo: cdcbaa@yahoogroups. comDate: Wednesday, February 17, 2010, 7:38 AM

H&W filed a joint C7 and H had a heart attack this weekend. Clients have not yet filed their post-filing debtor ed certs, but the deadline for doing so is 3/5. H is unemployed, but covered under Ws employer provided health insurance. I dont know yet what the new debt for uncovered treatment will be.

Can clients dismiss the case or, alternatively, simply fail to file their debtor education certificates and let the case be closed, and then refile to discharge the new medical debts?

I researched this question last night on Rutters CA BK treatise, and found (if I understood correctly) that the debtors desire or need to discharge post-petition debts is not good cause for a dismissal. But does anyone have any better insight into what the clients best course of action is at this point regarding the new medical debts?

Thank you.

____________ _________ _________ ______
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email:
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