Can I withdraw my bankruptcy petition and refile in a differnet county?
I filed chapter 7 back in may of 2010. We are no in December and my bankruptcy case still has not reached a decision. My lawyer screwed me over and caused a huge ordeal and investigation into my bankruptcy and has caused it to continue for so long with no end in site. Can I withdraw my petition for bankruptcy in one county and file in another and use a different lawyer? I live in the center between two county’s so both our close in proximity to me.
Yes but there is a twelve month waiting period before you are allowed to refile in a different county.
Obviously not. You must file in the county you live in…
No, and you should be filing in the county where you reside.
You can certainly change attorneys if you wish, but you’ll have to pay the new attorney after you’ve already paid the current one.
Bankruptcy cases are federal; there isn’t a bankruptcy court in every county as there are in most state court systems. You can find the appropriate bankruptcy court for your location on the U.S. Courts website http://www.uscourts.gov/court_locator.aspx
As to canceling and refiling, You cannot file Chapter 7 until eight years from the date of the previous filing (not the date of discharge) of the previous Chapter 7.
Filing in a different county would make ZERO difference. The laws are FEDERAL laws with STATE differences in the amount of exemptions. You would probably be better off simply FIRING the current attorney and hiring a new one to fix the CURRENT case.
Note: Less than a year is NOT long for a bankruptcy case. I suspect what you THINK is a huge ordeal is the STANDARD investigation involved in ANY bankruptcy.