Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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Question: i live in louisiana and we didn't kinow that we were suppose to give all of our tax refund back to bankruptcy. chap 13. last year my husband had a bad accident and at the time didn't have insurance and his 88 year old mother loaned us to life savings. We didnt list her as a creditor cause we didn't think of her as a creditor. we paid her back with our tax refund. I took proof that we paid $8,000 cash to get it fix. now my attorney is wanting to dismiss. he said when the court see that we recieved this much money they will drop us. what should we do...if he dismiss us can we refile?
Response 1: Your attorney cannot file a Motion to Dismiss your case, but the Chapter 13 Trustee appointed in your case may. Your mother is a creditor and should have been listed on your Chapter 13 case. Your payment to her is a preference payment to an insider that can be avoided by the Chapter 13 Trustee. That is, your Chapter 13 Trustee would ask for the return of the $8,000.00 and if the money cannot be returned, then the Trustee would file a Motion to Dismiss your case. If you know that you case is in danger of being dismissed, you can file a Motion to voluntarily dismiss the case yourself. Under 11 U.S.C. Section 1307(b), a Chapter 13 debtor has a right to ask for voluntary dismissal of a case that has not been converted from another Chapter.
pls help...isn't there something my attorney could do to save this case? isn't there somekind of form he can us?
Response 2: See my previous response.
can you reapply chap 13 after you voluntary dismiss?
Response: Yes, you can.
can you recommend an attorney in baton rouge, louisiana. do you think i should go with current attorney?
can you recommend an attorney in baton rouge, louisiana.
Response 1: Unfortunately, I cannot. However, you can use the following sites to find local bankruptcy attorneys:
do you think i should go with current attorney
Response 2: I cannot answer that question since I do not have the benefits of the documents that your attorney filed in the case to review the attorney's work and to make a judgment on his representation.