Central District Consumer Bankruptcy Attorney's Association

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
rote:

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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 W's employer provided health
insurance. I don't 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 Rutter's CA BK treatise, and found
(if I understood correctly) that the debtor's 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: matthew@matthewgaryevanslaw.com
www.matthewgaryevanslaw.com
Member: Consumer Attorneys Association of Los Angeles, Central District
Consumer Bankruptcy Attorneys Association, National Association of Consumer
Bankruptcy Attorneys, Pasadena Chamber of Commerce
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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 W’s employer provided
health insurance. I don’t 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 Rutter’s CA BK treatise, and found
(if I understood correctly) that the debtor’s 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.


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