Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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I type slow, but I am responding to your question you should see my response in 37 minutes
My name is ***** ***** I answer questions in the bankruptcy area. In reading your question it looks like it is possible you might be trying to reach another expert. If you are please reply and include her name and I can opt out and the question will go back to the group at large and if they see you are requesting a specific expert the other experts will leave it for her.
In the event I just mis read things I will provide you an answer.
I encountered this kind of issue early in my practice where another attorney had improperly advised a client as to certain assets or perhaps the client didn’t tell the attorney I was not sure. I knew that with all other kind of litigation the Plaintiff (person filing) had an absolute right to dismiss the action at their discretion.
BK is different in that upon filing an estate is created made up of everything owned by you or that you might have a potential interest to. In the case I was involved with I filed a motion to dismiss and the trustee objected and then I discovered that the trustee had undertaken his own research and discovered certain other assets. So you know a trustee in the Dallas area gets paid around $45 per creditors meeting, but they make 10% on any asset they can recover for the benefit of the unsecured creditors. They also many times hire their own lawfirm to represent them in all hearings so a portion of any proceeds goes to pay them, their firm and then an accountant and maybe a business valuation expert if the trustee engages one. In Bk there is no absolute right to dismiss and once you are in the process some people just want out and that is not an option if the trustee is interested in something.
I would highly recommend that you meet with a different local BK attorney and go over these details. I know money is tight, but it may be well worth the money spent to decide how best to deal with the trustee.
Does that answer your question? Again sorry I type quite slowly.
I guess I should also make sure I understood your question when you say can you vacate a BK discharge I understood that to mean can I dismiss the BK filing. If you did mean the discharge then my answer would be different and since the discharge comes at the end I am unsure why you would want to vacate it as your credit report would indicate you filed the BK, but you would not get any of the benefits of the discharge (no liability for debts included, etc.). So if I misunderstood please let me know and I will approach in a different manner.
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