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FloridaBKlawyer
FloridaBKlawyer, Attorney
Category: Bankruptcy Law
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Experience:  I have over ten years of experience in corporate and individual bankruptcy.
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usc 707 [A] & [b] MOTION FOR DISMISSAL BY TRUSTEE BECAUSE I

Customer Question

usc 707 [A] & MOTION FOR DISMISSAL BY TRUSTEE BECAUSE I RETIRED 26 YEARS SERVICE AND MY WIFE WAS A HOMEMAKER FOR OVER 20 YEARS WITH NO EMPLOYMENT OPTIONS RIGHT NOW MYSELF I RETIRED KNOWING MY SEIZURE DISORDER WAS AFFECTING MY JOB
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.

Hi JACustomer,

There is no Bankruptcy Statute 707(A), and 707(a) does not seem to apply to the information you provided.

Which statute was referred to in your notice?

What is your legal question? (What would you like to know?)

Customer: replied 4 years ago.
11 USC 707 A OR IN THE ALTERNATIVE 707 B 1 AND 707 B 3 CAN I FIGHT THIS MOTION FOR DISMISSAL BY THE TRUSTEE SHE STATES WE FILED UNFAITHFULLY BECAUSE I RETIRED WHILE IN DEBT AND MY WIFE HASN'T WORKED IN 20 YEARS ARE THERE ANY PRECEDENT SETTING OR ANY CASES AT ALL I CAN USE TO SHOW THIS TRUSTEE HAS NO CAUSE OR AT LEAST GIVE ME A 50 50 CHANCE TO GET A BANKRUPTCY DISCHARGE IN FRONT OF THE JUDGE
Expert:  cfortunato replied 4 years ago.

Does the trustee know you retired because of your medical condition? Can the condition be considered to be a "serious" medical condition?

Expert:  FloridaBKlawyer replied 4 years ago.
Hello,
It sounds like your income has exceeded the means test or alternatively no presumption arose in the means test, but schedules I and J show remaining net income. Did you have an attorney assist you in this case? Usually, the U.S. Trustee would want you to convert to a chapter 13 and you can negotiate a resolution regarding a payment. Did the Chapter 7 trustee bring the motion to dismiss or did the U.S. Trustee? Hope this helps.
FloridaBKlawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 11
Experience: I have over ten years of experience in corporate and individual bankruptcy.
FloridaBKlawyer and other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
The US trustee brought the motion to dismiss chapter 7 -- no I am pro se that is why I was asking for cases discharged under my circumstances between 2005 and 2010. I have no remaining net income in fact it shows a $360.00 deficit. I had no attorney assist me in this case. I realize the US trustee wants me to convert to chapter 13, however my circumstances including pro se handling dictate I'd have no chance of winning a chapter 13, good attorney's find this difficult. I lose chapter 7 I lose everything and like all pro se's I won't refile under chapter 13. I know its tough I'm looking for a 50-50 shot. Thanks -- so far you've told me what I already know.
Expert:  FloridaBKlawyer replied 4 years ago.
The best thing you can do is put yourself at the mercy of the court. It is difficult for me to determine on what grounds you filed. Are you keeping any R.V.'s or Boats, extra vehicles, did you properly fill out the means test. Let me know what her biggest issues are. Thank you.
Customer: replied 4 years ago.
ok -- her issues I retired 6 months prior to filing chapter 7 -- my wife hasn't worked in 30 years and my daughter 18 is in college [I paid tuition]

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