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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26442
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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2009 my company suffered finicial hardship do to the failing

Customer Question

2009 my company suffered finicial hardship do to the failing economy I personally had unsecured credit.lines that either I or the company could manage I was so broke I couldnt afford an attorney to file my personal bankruptcy, I found a paralegal that wrote the bk my case was discharged august 2009. I since have strengthen my finicial conditions and would like a bankruptcy attorney to look over my discharged case. Can a case be reopened if at a later date items were mistakenly not disclosed.
I heald all the assets pretty much in a corporation, the other day dealing with some dmv renewals I notice there were a few titles my company paid for in my personal name that I did not list as and.asset where talking a huge amount of money but I want to makesure I.am not exposed to fraud. I would like to reopen the case and disclose to the court my findings.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.

 

A Chapter 7 bankruptcy case can be reopened after discharge under certain circumstances.

 

Bankruptcy Code Section 350(b) authorizes the bankruptcy court to reopen a case for various reasons including to "administer assets, to accord relief to the debtor, or for other cause." Fed. R. Bankr. P. 5010 states: "A case may be reopened on motion of the debtor or other party in interest pursuant to §350(b) of the Code." (emphasis added). See In re Chalasani, 92 F.3d 1300, 1308 (2d Cir. 1996).

 

The final authority to reopen the case is with the court. If you can prove that you need to reopen the case to be relieved of a debt, you should have good cause to get this done.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26442
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
I am not seeking to releave a debt but need to disclose dmv titles corporation paid for that were in my personal name do you agree it should be disclosed? or since the corporation paid for them its a corporate asset that did pretain to the personal filing.
Expert:  Roger replied 3 years ago.
If the property is titled in your personal name, it must be disclosed. It doesn't matter who paid for it in this instance - it is titled in your name, so you must disclose it.
Customer: replied 3 years ago.
can the value of these assets be determined by the courts than I can settle with payment.2 years has passed my finical condition has stregthen
Expert:  Roger replied 3 years ago.
You can propose a value, and if the trustee or a creditor disagrees with the value, they can proffer a value and let the judge decide the value.

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