Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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You should note that the trustee typically gets $50 or so per 341 meeting, BUT he/she gets 10% of any assets they can recover for the unsecured creditors. I would typically expect the court to dismiss your case for non appearance, but the trustee has the power to object to dismissal and force you through bankruptcy if he/she thinks they can recover much? I am sorry as that might not be the answer you were looking for, but I have an obligation to provide you an accurate answer and then knowing your rights you can make an informed decision.
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It may be that your case is not worth it to him, but you will know if he is objecting because he should serve notice on you and your attorney. Has he objected in some fashion?
I had a case many years ago where an individual filed under a different attorney and being new I thought like any case I can just dismiss. After numerous attempts met with objection from trustee and even a promise to the Court that upon finding these assets debtor would choose to just pay them all the trustee drug him through bankruptcy and has the full force of federal law to back him/her up. Once you file you give up some rights to dismiss. If I found you in this situation I would have recommended exactly what you did and that was to miss the 341 with hopes the trustee would just allow the system to close your case due to your failure to appear. But if the trustee has completed a background search as they do here to look for assets and has found some then he will be unwilling to allow dismissal. If this becomes an issue you may want to convert to a chapter 13 and then fail to make plan payments as it would dismiss.
I am not guarantying that the trusteee is objecting unless you are getting notices to that affect, but since you mention asset case the trustee may be thinking there is more to the case than he knows. If you have a large amount of non exempt property at risk it might be worth paying to consult with a local attorney familiar with the local trustees as he/she can tell you what to expect. Where I am at everytime I get a certain trustee he goes after what I would deem worthless assets and/or tries to inflate the debtors business and get the debtor to buy it back. Then other trustees out of the 4 we have will overlook something of 2-4K as not worth their time.
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