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FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36631
Experience:  Bankruptcy Lawyer. Experienced.
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I filed Chapter 7 Bankruptcy on 12/7/2012 and now my father

Resolved Question:

I filed Chapter 7 Bankruptcy on 12/7/2012 and now my father past away on 12/22/2012 and left me a pickup and a motor home and the rest what i owed on my house can and some money can the bankruptcy court take it because he past away after i filed ? or can a person stop the bankruptcy ?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

My condolences on your loss. I will do whatever I can to answer your questions!

Don't Forget that the deposit you placed to ask this question is not used to compensate me until you rate my service ! Please Remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law .

Your Question - can the bankruptcy court take it because he past away after i filed ?

My Answer - If the bankruptcy is not dismissed, the inheritance will become part of the bankruptcy estate and be used for the benefit of creditors.

Your Question - or can a person stop the bankruptcy ?

My Answer - Yes usually a bankruptcy can be dismissed

Explanation - You may dismiss your bankruptcy petition in one of 2 ways:

1. Fail to appear for your 341 hearing. If you fail to appear for your 341 hearing the trustee will typically move for the bankruptcy to be dismissed UNLESS he is aware of your inheritance. If the trustee is aware of your inheritance he will likely not dismiss the Chapter 7 as the trustee is entitled to fees on the amount of assets in the bankruptcy estate

2. If the trustee will not dismiss the Chapter 7 bankruptcy, you have the right to convert to a Chapter 13 bankruptcy. A debtor has an absolute right to dismiss a Chapter 13 bankruptcy but does not have an absolute right to dismiss a Chapter 7 bankruptcy.

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 1 year ago.

What would you do if you were me ? The pickup is worth $20000.00 and the motor home is worth $ 27000.00 and my house is worth 42000.00 and plus the money my dad left is about $ 100000.00 ?

Expert:  FiveStarLaw replied 1 year ago.
If I were you I would talk to my lawyer since you have a lawyer. Then I would likely not attend the 341 hearing and hope that the trustee dismissed the case. If the trustee did not dismiss the case, I would convert to a chapter 13 bankruptcy and then dismiss out of bankruptcy. I would not stay in bankruptcy because of the court and trustee fees
Customer: replied 1 year ago.

my lawyer and the trusty knows about it all The pickup , motor home and the money in fact I think my lawyer and already got $ 50,000.00 from the bank but my dad had a house land and a lot of miscellaneous like a commercial lawnmower and furniture at two places and lots of tools at two places . he had a place here and one in Minnesota too! I have went in front of the trusty or court one time so far . So what would you recommend me to do ?Can you let me know I got to go to court in 5 min I am broke untill the 5th so please reply to my question !

Expert:  FiveStarLaw replied 1 year ago.
I was not online when you posted. Consider converting into a chapter 13 bankruptcy and then dismissing the bankruptcy itself
Customer: replied 1 year ago.

Do i go in front of the judge a request to change it to chapter 13 or do not go to court February 14 2013 ? the trusty is requesting a hoe bunches of papers and receipt of my dad when he was alive . why should i have to prove were my dad spent his money ? Should I give them receipt of my dads ? I feel that was my dads business not theirs because that is not my business were he spent his money while he was alive !They wont all receipts way back in June when he was still alive he died on 12 /22/2012

Expert:  FiveStarLaw replied 1 year ago.

Typically in a chapter 7 bankruptcy, there is only one court appearance - the 341 hearing. You have stated that you have already been before the court. Therefore something out of the ordinary must be occurring in your bankruptcy.

You will need to ask your attorney to file a motion to convert to a chapter 13 bankruptcy. The court will typically order the conversion without an appearance
Customer: replied 1 year ago.

Do I just half to call him or do I half to send him a certify a letter to him to change it to chapter 13 ? then what do I do to get the chapter 13 dismissed ?

Expert:  FiveStarLaw replied 1 year ago.
I would call the attorney and asked him to convert to a chapter 13 and then dismiss from the 13. Ask him if there is any reason, in his opinion why you should not do this. You can confirm your conversation in writing
Customer: replied 1 year ago.

Then how do I then get the chapter 13 then dropped ? What do I half to do then ?

Expert:  FiveStarLaw replied 1 year ago.
A debtor has the right to dismiss from a chapter 13. Therefore once you have converted into the 13, your attorney can file a motion to dismiss
Customer: replied 1 year ago.

Thank you from my heart ! I owe you BIG TIME !!!!!!!!!!!!!!!

Expert:  FiveStarLaw replied 1 year ago.
I wish you the very best at this difficult time. Please let me know if you need assistance in the future
Customer: replied 1 year ago.

I told his secretary to change it to chapter 13 she said I would have to pay the trusty before it can be done . she could not give me a price ! Then the lawyer got on the phone and said he could not see why to go to chapter 13 . He said I should get the pickup and motor home and the house I am living in and the bank account ! But my dads house and anything else they will take ! so what Should I do if he is not right ?

Expert:  FiveStarLaw replied 1 year ago.
A notice of conversion is a $10 fee. Here is the fee schedule:
http://www.uscourts.gov/FormsAndFees/Fees/BankruptcyCourtMiscellaneousFeeSchedule.aspx

An attorney who meets with you in a face-to-face meeting would typically have a better understanding of your situation then I can online. However you are obviously not comfortable with the advice you have received from your attorney. Therefore I suggest that you make appointment with a different local bankruptcy attorney for a 2nd opinion
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36631
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you I will !

Expert:  FiveStarLaw replied 1 year ago.
If you would take a moment to click the rating tab to rate my work, I would appreciate it. My goal is EXCELLENT and I hope your rating reflects that. Please let me know if you experience any difficulty using the rating system as the site does not give me credit for my work unless a favorable rating registers.

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Bankruptcy Lawyer. Experienced.