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Dismissal and refiling to discharge post-petition debts
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Strategically allowing a case to be dismissed is evidence of bad faith and
counseling a client to do so can get the attorney into very hot water with
the Court - damaging to the reputation. How about converting the case to
Chapter 13?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Matthew Gary Evans
Sent: Wednesday, February 17, 2010 7:39 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Dismissal and refiling to discharge post-petition debts
from medical emergency
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: matthew@matthewgary
evanslaw.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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Message
Strategically allowing a
case to be dismissed is evidence of bad faith and counseling a client to do so
can get the attorney into very hot water with the Court - damaging to the
reputation. How about converting the case to Chapter
13?
David A.
Tilem
Certified Bankruptcy
Specialist*
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