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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I dont know if this question has gone thru earlier but I am

Resolved Question:

I dont know if this question has gone thru earlier but I am sending it again. I have not had the notice mailed to me in my pocession. I reread the notice and it is not what I thought. The notice is Titled Trustee's Motion to Dismiss Or Convert To A Chapter 7. In the body of the notice it says the Trustee is filing the MOTION TO DISMISS due the debtor has failed to provide the following: Copies of tax returns required and proof of additional medical insurance currently listed on Schedule J. So trustee wants to dismiss chapter 13 case all together? If dismiss can debtor then file chapter 7?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 4 years ago.

cortrightlaw : If it is dismissed it can be refilled as a chapter 7 or chapter 13 as long as it is dismissed without prejudice, or you could just agree to have it converted to a chapter 7 at motion scheduled by the trustee.
Customer:

What a mess? I have a consultation appointment tomorrow with an attorney. To find out what will the fee be to file an "Adversary Proceeding Suit". Does a debtor have to provide tax returns in a chapter 7?

cortrightlaw : Sorry didn't notice it was you when I answered, so you do not know if your x wants to convert, he has just not complied with the trustee so the trustee is pressing the issue. It is still possible that he will come with the trustee and stay in a 13.
cortrightlaw : And yes he would have to provide his tax return in a chapter 7 also.
Customer:

OK Thanks

cortrightlaw : Ok have a good day
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