Olney, TX Bankruptcy Law Firms & Lawyers

If no assets or creditors were left out of the papers that were filed, you do not need to amend the schedules. They are prohibited from contacting you and there may be a violation of the automatic stay if they have. You also do not need to send creditors proof that you have filed or that the debt to them has been discharged. They already got notice that you have filed. Often, one department of a large bank does not know what the other department knows. If a bank tries to collect a debt which has been discharged, there may be a violation of the Federal automatic stay.

It takes me about a month to get all the paperwork ready to file with the bankruptcy court. If you can file an "emergency bankruptcy" and you think that will enable you more time to relocate, then go ahead and do it. An automatic stay pursuant to federal law will be in effect on the moment you file a bankruptcy. This means that no creditor can proceed with an action in State court. The sheriff has already given you a 5 day notice. But I do not know what the notice says. If it says you have 5 days to vacate, then you should vacate. Filing bankruptcy is not something you can just go an do so that you have more time to move. It is a very serious decision for which you need competent legal advice. The law changed back in 2005 so that people who are going to file bankruptcy must first go over their financial circumstances with an approved consumer credit counseling agency, and get a certificate saying that they have done so.

A dismissal of bankruptcy means you are no longer in bankruptcy and did not receive a discharge of debts.  Thus, you still owe the balance remaining to any of your pre-bankruptcy creditors and if you were curing a default on your mortgage, the default is still there and they can now foreclose. Your options now are to either file a Motion for Reconsideration or to Set Aside the Dismissal if you have appropriate facts to do so (which you might), or file a new Chapter 13 case. A lot of times claims are filed which need to be paid in full, so the payment you were originally making might not have been sufficient to cover all the necessary claims.  Without reviewing your entire case file I couldn't tell you what the situation is in your case.  Your attorney should have been monitoring that and taking steps to modify your plan payments if necessary.  But I'm just speculating as to what may have happened. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.