Expert: Terry Leeders - 4/30/2008

Question
My husband and I are about to file for Chapter 7 in California. We wanted to do it without a lawyer to save money. We do have a lawyer already, but have not finished paying him yet, he said our case is very simple and does not apply to the new laws. If for some reason we are dismissed, will we be able to re-file with our lawyer and if so, how long will we have to wait? Thanks.

Answer
Generally, if dismissed, you can refile right after the dismissal unless there was some specific problem with your case. I do recommend using the lawyer, this way you won't miss any deadlines, you won't need to complete 80+ pages of court forms, you will get advice all the way thru the process, etc. etc. An attorney can make sure your case is filed correctly, avoiding time consuming motions to fix problems, dealing with the trustee, creditors etc.