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HCLegal
HCLegal, Attorney
Category: Bankruptcy Law
Satisfied Customers: 423
Experience:  I have filed over a thousand bankruptcy cases.
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Situation the client .. Pro se.. submitted a request for a

Customer Question

Situation the client .. Pro se.. submitted a request for a release of funds or a dismissal from the trustee .. . The 341 meeting is on April 24, 2012 ... The trustee submitted a motion for dismissal hearing for May 1, 2012 .. And a declaration that the case not be dismissed ...

Being under this pressure the client elected not to submit his master list ... He received a notice of intent to dismiss from the bankruptcy court unless the court received that master list by April 2, 2012 ...



Question. Is the following thinking correct please comment


My thinking is that the dismissal for a missing master list would take priority overany motion by the trustee for a dismissal hearing...

I believe the court would have to dismiss the case if they did not receive the master list .. they wouldn't be able to proceed with the 341 meeting on April 24
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  HCLegal replied 2 years ago.

HCLegal : Hello and thank you for requesting me today.
HCLegal : You are correct in your thinking that the case will be dismissedn(and usually done automatically by the courts) if you have not submitted the master creditor list.
HCLegal : If the case is dismissed prior to the 341 hearing then of course there will be no 341.
HCLegal : Has the trustee still not provided a letter allowing the bank to release the bank account funds?
HCLegal : Your friend should file a motion with the court requesting the court to order the trustee to provide the letter.
HCLegal : When you file the motion you should designate it as an emergency motion and you should get a hearing in one or two days generally.
HCLegal : Doing this motion will put a lot of pressure on the trustee to give you the letter.
HCLegal : The motion oes not need to be anything special, just write out a letter to the judge. Just make sure to state that it is an emergency motion when you file it. Also, be sure to include everything you did prior to filing the motion to get the matter resolved.
HCLegal : Good luck, please let me know if you have any other questions and hank you again for requesting me!
HCLegal : Please remember to press the ACCEPT button if I have answered all of your questions.
HCLegal :

Please let me know if you have any other questions.

Expert:  HCLegal replied 2 years ago.
If you have any more questions please let me know, otherwise please remember to press the ACCEPT button as that is the only way that I will get credit for assisting you.
HCLegal, Attorney
Category: Bankruptcy Law
Satisfied Customers: 423
Experience: I have filed over a thousand bankruptcy cases.
HCLegal and other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
I needed one point clarified .. tomorrow morning.
Expert:  HCLegal replied 2 years ago.
I am ready to answer your question, just let me know!
Customer: replied 2 years ago.
the trustee has asked petitioner fill out his schedules the petitioner told the trustees he did not want to complete the schedules or proceed with the bankruptcy trustee told him that if they did not fill out the schedules the trustee would place money with the state.  petitioner has no credit card or unsecured debt the only reason for filing pro se was to settle his short sale debt before termination by a trustee sale. 

once again I beleive if no schedules within 15 days bk court would dismiss
Expert:  HCLegal replied 2 years ago.

Ahh, this makes more sense now and I understand why you would not mind the case being dismissed. I also understand why the trustee has not provided the letter releasing the funds in the bank account.

 

The trustee does not know if the funds in the bank are exempt or not because the debtor has not filed the schedules. Once the debtor files the schedules then the trustee will release the funds.

 

If you do not want to file the schedules the case will be dismissed after the 15 days are up.

 

So, YES your thinking is CORRECT and the case should be dismissed after the 15 days are up.

 

Thank you again, please remember to press the ACCEPT button as that is the only way that I will get credit for assisting you today.

HCLegal, Attorney
Category: Bankruptcy Law
Satisfied Customers: 423
Experience: I have filed over a thousand bankruptcy cases.
HCLegal and other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
the clients case remains open it's two days past 341 meeting he does not submitted schedules when will the court or the trustee be required to dismiss the case either by statute or procedure. .. They want the case to be dismissed
Expert:  HCLegal replied 2 years ago.
Your case is subject to dismissal at anytime after 14 days of the case being filed if you fail to file the required schedules on time.

There is no statute or law that requires the case to be dismissed on any actual date. The court or clerk can dismiss the case on their own because the schedules have not been filed and the trustee can also file a motion to dismiss for the schedules not being filed and you not appearing at the 341.

There is really nothing that can be done for force either the court of the trustee to move for dismissal, you just have to wait.

You can convert to a chapter 13 and then move for dismissal on your own, but I think that will only delay the dismiss of the case.

You can try calling the clerk and ask them to look at the case and see if they can dismiss it due to the schedules not being filed.

Thanks again for requesting me and please remember to press the ACCEPT button if I have answered all of your questions.

Thanks,
HCLegal

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