The first BR case in CT (2007)
I will be more specific,
The first BR case in CT was filed in Feb 2007. We then moved to KY in Apr. 2007 and never followed through with CT BR ie (did not complete credit counseling), so we thought CT BR would be dismissed. She filed here in KY on Nov 2011 believing that CT BR was dismissed. To our surprize, the US Trustee here in KY moved to dismiss this case and produced a "CT discharge" order dated Feb. 2009 from the CT BR Court. Apparently the CT case sat in the CT Court for 2 years then a clerk signed the discharge order. We "objected" here in KY to the KY dismissal, but Judge said, "nothing I can do, CT granted discharge in 2009. Judge here in KY dismissed the nov 2011 petition. There was no unprotected assets listed on petition. Q. Are there any special rules in new BR rules that allow trustee to continue case for creditors once case has ben dismissed.
Very strange to say the least, if the second case is dismissed then the trustee and the judge should not have any jurisdiction to pursue any assets in the second case.
Yes, it was strange that the first BR was granted and disscharged, but that was some screwup in CT. Not strange for CT Courts. I have in hand the dissmissal order from KY Judge for this second case. My question is, before I go back to Court, do you know of any special statute, rule or trustee handbook option that would allow a trustee/Court to continue matter once it has been dismissed. There was no filing of any motions to reopen matter....
I did a search of the Federal Rules of Bankruptcy Procedure and it does not cover the topic.
11 USC Section 349 seems to cover the topic the best, XXXXX XXXXX last sentence which relates to re-vesting of the property. When a case is filed the property immediately becomes part of the bankruptcy estate, after the case is dismissed it re-vests to the original entity, being your wife.
(a) Unless the court, for cause, orders otherwise, the dismissal of a case under this title does not bar the discharge, in a later case under this title, of debts that were dischargeable in the case dismissed; nor does the dismissal of a case under this title prejudice the debtor with regard to the filing of a subsequent petition under this title, except as provided in section 109 (g) of this title.
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