Submitted by Chernoff on Wed, 05/05/2010 - 09:16
Posted in
My husband filed bankruptcy about 13 months ago when our house went into the foreclosure process. I'm not really sure what happened, but I think the case was dismissed because our lawyer missed a deadline. So now the house is back in foreclosure. Can I file bankruptcy now with a different lawyer? I did not file with my husband the first time.
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Editor's Response
First, your husband needs to get a copy of his bankruptcy file from the court and have a different Massachusetts bankruptcy attorney review it. Depending on what happened, your husband may be able to refile. You should also be able to file in your name, and possibly file jointly with your husband. But, again, you need to have an attorney check things out for a more definitive answer. After you figure out what happened, you may also wish to talk to the Board of Bar Overseers in MA about your first attorney (if, in fact, your case was dismissed because of some negligence on his/her part). Good luck. For more information, visit our Massachusetts Bankruptcy Law Discussion Forum.