How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Phillips Esq. Your Own Question

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13082
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Bankruptcy Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

FOR PHILLIPS ONLY - CHAPTER 7 question I have filed a motion

Customer Question

FOR PHILLIPS ONLY - CHAPTER 7 question

I have filed a motion to stay pending appeal, it was denied and i will appeal the order asap.

However, at this point, if I understand well, even if I have filed the emergency motion to appeal at the DCA, my opponent can levy my assets and garnish incomes with the limitations of the homestead exemptions.

My question is a WHAT IF question :

What if i file a suggestion of bankruptcy Chapter 7 ?

Should I file this BEFORE or AFTER I get a notice of levy or I see a garnishment ?

Can I cancel or suspend the Bankruptcy procedure it if my motion to stay the judgment filed at the DCA is granted ?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.



I have filed a motion to stay pending appeal, it was denied and i will appeal the order asap.

However, at this point, if I understand well, even if I have filed the emergency motion to appeal at the DCA, my opponent can levy my assets and garnish incomes with the limitations of the homestead exemptions.

My question is a WHAT IF question :

What if i file a suggestion of bankruptcy Chapter 7 ?

Should I file this BEFORE or AFTER I get a notice of levy or I see a garnishment ?


Response 1
: Before you get a notice of the levy or see garnishment. You do not want your assets to be attached and then have to go to Court again to get the assets returned. That can be quite messy and there is no guarantee of the return of the assets.


Can I cancel or suspend the Bankruptcy procedure it if my motion to stay the judgment filed at the DCA is granted ?


Response 2: It is not as easy as that. You can file a Motion to Dismiss. However, unlike in a Chapter 13, a debtor in a Chapter 7 case does not have absolute right to dismiss. The Bankruptcy Trustee may object to the Motion. Your creditors may object to the Motion. The Court may deny the Motion. Also, the fact that you have filed for Chapter 7 would show up on your credit report, but the fact that the case has been dismissed would also appear on your credit report. See 11 U.S.C. Section 707. In any event, below is a Sample Motion to Dismiss. Modify as appropriate.

http://doney.net/bkcode/11usc0707.htm

Sample Motion to Dismiss

[Caption: Official Form 16A]

Debtor’s Motion to Dismiss

Chapter 7 Case

The Debtors in the above-mentioned case, by their attorney, pursuant to 11 U.S.C. § 707, hereby move to dismiss their bankruptcy case for the following reasons:

1. A voluntary petition under chapter 7 of the Bankruptcy Code was filed by the Debtors on [date].

2. No complaints objecting to discharge or to determine the dischargeability of any debt have been filed in the case.

3. The Debtors have realized that filing a chapter 7 case was a mistake, made because they were unaware of the value of certain family heirlooms which they had inherited prior to the case, and which are sufficiently valuable so that they may not be claimed as exempt.

4. No creditor has filed a claim in this case.

5. The Debtors are willing to compensate the trustee for any expenses incurred herein.

WHEREFORE, the Debtors pray that this bankruptcy case be dismissed without prejudice.

Date: [signature]

Attorney for Debtors


http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_1207/B_016A_1207.pdf


http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_09_Official/Form_16A_Caption_INSTRUCTIONS_0509.pdf

Customer: replied 1 year ago.

Thank you for the valuable info, before submitting my own questions, I had reviewed the Q&A here on these matters and had noticed that your answers were brilliant, seems to be confirmed.

Follow-up question is the following : basically there is nothing to attach or to levy for me, however, I need to work on my appeal. The lower court was totally biased, and my opponent and his lawyer are doing all disallowed or illegal things, I need to counter them each time in the lower court it is a jungle, and it's tough, then I need to appeal next the decisions of the lower court, etc...

To give you an example, just now, my opponent's lawyer has redacted a notice of filing with 6 paragraphs of allegations, and had it signed by my opponent becuase it's meant for the CT District Court and his lawyer is not licensed in that state. My opponent is an uneducated guy who has no idea of what's in that notice.

QUESTION : Of course i will fight that, but with a suggestion of bankruptcy, would this typically keep these guys at bay ?

I have no creditor really other than this one, and I can survive, so the outcome would be, when I win the appeal, that motion to dismiss.

As far as credit report, the judgment will be in there too, so I have to make my day with that issue I guess.

Expert:  Phillips Esq. replied 1 year ago.

Thank you for the clarification and for your generous comments.


QUESTION : Of course i will fight that, but with a suggestion of bankruptcy, would this typically keep these guys at bay ?



Response:
Yes. Once the bankruptcy is filed and Notice of Bankruptcy Case (Suggestion of Bankruptcy) is sent to the Court where this case is pending, ALL actions on the case MUST be suspended pending the outcome of the bankruptcy case.

Sample Suggestion of Bankruptcy

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13082
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 2 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.
 
 
 

Related Bankruptcy Law Questions

Chat Now With A Bankruptcy Lawyer
Phillips Esq.
Phillips Esq.
Bankruptcy Lawyer
13082 Satisfied Customers
B.A.; M.B.A.; J.D.