phone_ctc2

Virginia Bankruptcy

Hello world! Please change me in Site Preferences -> This Category/Section -> Lower Description Bar

01

May 2012

Bankruptcy Dismissed: Is that a bad thing?

Posted by / in Virginia Bankruptcy / 10 comments

“Angie” filed a bankruptcy a couple years ago with some other lawyer.  Her case was “dismissed.”  She emailed me yesterday, looking for a lawyer she could “trust.”

“I filed two years ago and my lawyer filed too early from my one years ago and it was dismissed. I paid alot and didn’t get my bankruptcy. Trust and money are issues. Please Advise.” –Angie.

There are two ways bankruptcies end up–and the words look a lot a like.  “Discharged” means the bankruptcy is approved.  “Dismissed” means it’s thrown out.

So, how often are bankruptcies “dismissed?”

I took a quick look at how many have been dismissed here in Alexandria VA in the first four months of the year.  Here’s what I found out.

People who filed on their own–”pro se” is lawyer-Latin for “on your own”–had 175 bankruptcies dismissed.  That’s a big number.   If you look here, you can see that 243 people filed bankruptcy on their own during that same time.  So there were 72 dismissals for every hundred cases filed “pro se.”  A dismissal rate of 72%.    That gives you an idea that most people who try to do bankruptcy without a lawyer, end up failing.

Next, you see 70 cases were dismissed for lawyer Nathan Fisher.  Is that bad?  Well, consider that Nathan Fisher is the busiest bankruptcy lawyer in Northern Virginia.  He filed 361 cases and had 70 dismissed.  That’s a dismissal rate of 19%.  Way lower than people who did it on their own.

Virginia bankruptcy lawyer Robert Weed

I’m the second busiest bankruptcy lawyer in Northern Virginia. January – April 2012, I filed 202 cases, and had 8 cases dismissed.

I’m the second busiest bankruptcy lawyer in Northern Virginia.  January – April 2012, I filed 202 cases, and had 8 cases dismissed.  That’s a dismissal rate of 4%.  That’s way, way lower.

Is dismissal always a bad thing?

Sometimes you want your case to be dismissed.

Here one example.   “Al” filed bankruptcy with me on February 3, 2012.  On February 6, he was rushed to the hospital for emergency surgery.  Even with insurance, his deductible is over seven thousand dollars!

Fortunately for “Al,” he was too sick to make it to his bankruptcy hearing–and his case was dismissed.

Now, he can come back and file again–and his new bankruptcy covers those hospital bills.

Here’s a second example of wanting a case dismissed.  “Erin” files Chapter 13 bankruptcy–a payment plan.   Her only debts are the first and second mortgages on her house, and student loans.  She’s current on the second, six months behind on the first.  After she files the Chapter 13, the first mortgage gives her a loan mod, and puts the late payments on the end.  “Erin” then is happy to have her case dismissed; there’s no need for her to stay in bankruptcy.

I can think of other examples–some I don’t want to put in writing–of why you sometimes want your bankruptcy to get dismissed.  So a dismissal is not always a bad thing.  

Is dismissal always a good thing?

Well, no.  Most people, like “Angie” in my example, file bankruptcy because they need a discharge.   And when their case is dismissed, they are upset.  Like “Angie”, those people paid a lot of money and didn’t get their bankruptcy discharge.  Usually, when a bankruptcy is dismissed, that’s not what the plan was when the bankruptcy started.

UPDATED:  How Do different Lawyers Stack Up?

Here’s a summary of the Top Five lawyers and “pro se” filers in Alexandria.  It’s updated for the first ten months of 2012.

Nathan Fisher       Filed  833    Dismissed  197       Dismissal Rate 23%

“Pro Se”               Filed  588    Dismissed 408        Dismissal Rate 69%

Robert Weed      Filed  513   Dismissed   21      Dismissal Rate   4%

Tommy Andrews   Filed 324     Dismissed  50         Dismissal Rate  15%

Katherine Martel   Filed  139     Dismissed  38         Dismissal Rate  27%

Every person is different and every case is different.   Some cases are harder to avoid a dismissal.  Some cases you may want a dismissal.  And you cannot expect results in your case will match what others have done.

But I’ve done this chart for “Angie”  who wanted to know if she could “trust” a lawyer to handle her case, to get her a discharge; not have her case dismissed.

 

Please select the social network you want to share this page with:

We like you too :)

Thanks for connecting with Robert Weed. We look forward to sharing valuable information with you.

Robert Weed has helped twelve thousand people file bankruptcy in Northern Virginia. Robert Weed is a frequent panelist and speaker at the meetings of the National Association of Consumer Bankruptcy Attorneys. He is one of Northern Virginia’s most experienced personal bankruptcy lawyers. As an expert on changing consumer bankruptcy laws, Robert Weed has been interviewed on local and national TV and quoted in newspapers across the country.

SIMILAR POSTS
10 comments
  • T

    August 20, 2012, pm31 12:09 PM
    01

    Your blog has been very informative. I’ve been so scared to file for bankruptcy for various reasons, but your blog has helped alleviate my fears and give me a better understanding of the process. Thank you for the information and I really do wish you had offices in the state of Maryland! Continue on with the excellent work!

    • Robert Weed

      August 20, 2012, pm31 12:21 PM
      02

      T:

      Thanks for your kind words.

  • Kevin Hobbs

    October 24, 2012, pm31 12:57 PM
    03

    Your website was extremely informative to me as I am about to try to file chapter 7 after two years of trying to sell my way out of debt. I am disabled with health issues that are going to increase my debt a hundred fold and I’m drowning in debt now. I live in Charlotte County and if you could handle my bankruptcy it would be great. If you can’t , can you recommend someone down here who could that I could trust to look out for my best interests. Thank you for any help and thanks for the website.

    • Robert Weed

      October 24, 2012, pm31 8:31 PM
      04

      Kevin:

      I like Cox law group out of Lynchburg. My Southside geography is not what it once was, but I’m thinking that’s less than an hour from you?

      I see he is in Danville, too. Are you about half way between? http://www.coxlawgroup.com/.

  • Erin

    September 14, 2013, am30 3:08 AM
    05

    I have been in bankruptcy for 59 months. The took the payments right out of my check. I now find out that I’m at the end of my plan this month and I’m $4000 behind. How is this possible? The court set up the payments and how much was to come out of each check. I have been living on $1200 a month for a family of 8 for the past 59 months and it’s going to be all for nothing. My case is being dismissed and I will owe $200 on my house and $3800 on unsecured dept. even with a 45 day ext. I can’t come up with that. What should I do?

    • Robert Weed

      September 14, 2013, pm30 2:37 PM
      06

      Erin:

      Wow what a mess. I’m hoping your lawyer can look at the court records and figure out where the problem is.

  • Ray

    September 24, 2013, pm30 3:20 PM
    07

    Your Blog is very informative. I was dismissed from Chapter 13 in July in 2008. and have been working hard to re establish my credit. When do you think my credit will be repaired enough to buy a house?

    • Robert Weed

      September 24, 2013, pm30 3:32 PM
      08

      Ray:

      Good question.

      I sure don’t know. Recovering from a bankruptcy dismissal can be pretty hard.

  • tammy adams

    September 16, 2014, am30 1:10 AM
    09

    Dear Sir,

    My husband and i filed for a chapter 7 in may of this year and we did recieve a 7 discharge as 7/14/14. The bad part is that we didn’t get a good lawyer and he made a lot of mistakes. he filed our case under the wrong address and he said he corrected it b/4 the 341 meeting’ i caught the error not him. we kept waiting for our discharge paperwork and kept calling our attorney and he wouldn’t return our calls so we called the court ourselves and they still had the wrong address. the certification papers that came with it didn’t make any sense at all no amounts listed. Tried to call attorney again and he said the cert paperwork was no big deal and not to worry about it, that didn’t make any sense to us so we pulled our credit reports and there are quite a lot of things that are still on our credit reports as open/collections foreclosure and some of our reports don’t show the chapter 7 at all.

    we have given up on our attorney making things right so not sure what to do.

    we are contemplating hiring a company called lexington law firm. they are supposed to be a credit repair company that has real lawyers and paralegals to clear up this mess. i don’t know who to trust and of course they cost money. we looked up their reviews and there were some really good ones but also alot of bad.

    could u please give some guidance? we are desperate!!!!!!!!!!!!!!!!!!

    would greatly appreciate any all all accurate guidance you could give.

    thank you,

    tammy adams

    Comments & Questions

    Leave a Reply

    Your email address will not be published. Required fields are marked *

    You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>