Initially the bankruptcy case was dismissed by a lower court. It was then brought before a district court where a judge stated that it lacked the jurisdiction to hear such a case. The trustee in charge of the case was not satisfied and continued pushing forward. This week the bankruptcy case was heard by the circuit court which determined that the dismissal of the initial case was abusive.
When the couple first brought their bankruptcy case before the lower court, it was to convert their Chapter 13 case into a Chapter 7 case. By the time it reached the circuit court the judges determined that had the couple started their process by filing with Chapter 7 bankruptcy it should have been dismissed; however, since it started with Chapter 13 bankruptcy, they were within their legal rights to file.
Do you need assistance with filing your consumer bankruptcy petition? Contact the Malaise Law Firm now to enlist the services of an experienced San Antonio bankruptcy attorney who can make the process easier for you.