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Nottus21

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Filed a chapter 7, lawyer misunderstood wife's check deductions, now it's getting dismissed. Now...

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Filed a chapter 7, lawyer misunderstood wife's check deductions, now it's getting dismissed. Now what?

I messed up asking my question above.

 Our lawyer was highly recommended and is considered one of the best around our area, however, my wife's check stub was difficult to decipher.  I admit I would have made the same mistake she made so I don't fault her.  Anyway, our lawyer filed our chapter 7 bankruptcy based on what she thought were deductions only to have the US Trustees office find the mistake.  It turned our chapter 7 into a abusive case and now we're being dismissed or we can file for a chapter 13.  Sad thing is our lawyer found mistakes the Trustee's office made, too, some in our favor so pointing out all the mistakes just makes things worse for our case.  My question is, based on our credit reports all of our creditors have dropped what we owed them, it will be 6-8 months by the time this is all said and done for the dismissal or transfer to chapter 13.  If dismissed, will those debts come back?  I know the answer to that should be yes, however, history has shown that not all creditors come back (based on what I've read and what my lawyer has experienced).  If they do come back I was told we had 30 days to answer to those who request payment and she said we would answer we were going to bankruptcy again.

A little history of about us.  We're a family of four.  My wife's health has not been good the last couple years.  We have amassed a lot of debt for her illness.  My son has ADHD and takes medicine for it.  He visits the doctor once a month for moderation on his medicine.  Daughter got braces and recently she's started seeing a counselor for anger/depression.  It's been weekly visits.  My wife missed a lot of work and had to get an FMLA to protect her job.  In order to stay current on bills I worked a lot of overtime at my job.  Then I was told my position was being eliminated and my overtime stopped while my company attempts to figure out what to do with me.  We filed bankruptcy to protect our home and cars and to get the fresh start bankruptcy is supposed to give.  Unfortnately how the law works since 2005 our bankruptcy is filed on our money we were making when I was able to work overtime.  The chapter 7 was the only hope to help us.  Now, it seems we'll have to try chapter 13.  Based on the numbers the Trustee's office gave we will fail because they're using my old job's overtime.  Thus my hope is when our case is dismissed that the creditors won't attempt to collect again since they already wrote us off months ago.

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