Good News for Chapter 7 Debtors! Cannot Have Two Pending Cases Simultaneously Says Court

  • Bankruptcy Chapter 7

Good News for Chapter 7 Debtors! Cannot Have Two Pending Cases Simultaneously Says Court

For most people, filing for bankruptcy is the best legal way to get rid of insurmountable debt. Of the two chapters in which individuals can file for bankruptcy, Chapter 7 is preferred since it takes relatively less time to get discharge and thanks to the various exemptions, you are able to protect almost all your property. However, if despite filing for bankruptcy under Chapter 7, you are unable to get a discharge, it can result in huge stress on the individual. According to Dallas based bankruptcy law firm https://bankruptcy.recoverylawgroup.com/, such an incident occurred with an individual who had filed for Chapter 7 bankruptcy. Despite the trustee filing a no-asset report, the case remained open and the debtor did not receive a discharge. After nearly 2.5 years the debtor filed a Chapter 13 bankruptcy case to get rid of the accumulating debts, however, this time, there was no lawyer involved.

Since there exists a “Single Estate Rule” a debtor cannot have two bankruptcy cases pending simultaneously in court. This is because everything you own becomes part of the bankruptcy estate. Since your belongings remain unchanged, the same bankruptcy estate cannot be a part of two cases at the same time. If a debtor files for a Chapter 13 bankruptcy Dallas case before they got a discharge in a previously filed Chapter 7 case, the latter one is nullified. Since the debtor had filed the Chapter 13 bankruptcy case without an attorney, the court had given the leeway to the client to consult an attorney to consider which of the two bankruptcy cases (Chapter 7 or Chapter 13) dismissed. Thus, having an attorney by your side can make things easier for you. In case you would like to consult your case with expert bankruptcy lawyers call 888-297-6023.


2019-08-19T13:05:31+00:00