If you voluntary dismiss a case, how many days do you have to reopen it.

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If you voluntary dismiss a case, how many days do you have to reopen it.

i thought the law allows you 10 days to reopen a case you dismissed. Are you still allowed to do this.Once reopened can you convert chapter 13 to chapter 7?

Asked on May 31, 2009 under Bankruptcy Law, New York

Answers:

David Hamilton / Dwyer & Associates

Answered 12 years ago | Contributor

This may depend on what conditions the bankruptcy court placed on the dismissal. You are more or less correct though- you should be permitted to refile as chapter 7, however there are instances where 180 days is required. An attorney will be able to look up your case through PACER and see what the documents say.

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David S. Hamilton, Esq.
Associate
Dwyer & Associates, LLC.
110 Wall St. 11th Floor
New York, NY, 10005
Tel: 718-690-7315
Fax: 347-332-1737
dhamilton@dwyerlawnyc.com


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