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RONB-ESQ
RONB-ESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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I filed chapter 7 I signed all the paperwork my lawyer gave

Customer Question

hi I filed for bankruptcy chapter 7 I signed all the paperwork my lawyer gave me but after reviewing a second time i realized mistakes in my income and assets. So I did not go to meeting of creditors. I told my attorney who I dont trust anymore that I will not show to my 2nd meeting either I want cased dismissed. I just got a letter in mail which is a " notice of assests' which my lawyer said he thinks is a mistake. guy is incompetent and does not return my calls. since i never showed to meeting why would they keep my case open. I dont have any big assests maybe a 5 thousand dollar policy i forget to mention,, thats it
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  RONB-ESQ replied 10 months ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

give me a couple minutes to type answer

Expert:  RONB-ESQ replied 10 months ago.

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.

Please ask any follow up questions needed until I have fully answered your question,.

Ron

Customer: replied 10 months ago.
how can he force me through if I dont pass means test anymore.. Lawyer screwed up all the paperwork I gave him. I told him my mother in law collects SS and he still listed her as a dependent. He made mistakes on my income pension statement. He then told me not to worry about it.. I said are u nuts!! and walked out of meeting. what are they going to force me to a chapter 13?? against my will??
Customer: replied 10 months ago.
my wife and I decided to get divorced and want ti file separately now
Expert:  RONB-ESQ replied 10 months ago.

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?

Expert:  RONB-ESQ replied 10 months ago.

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.

Expert:  RONB-ESQ replied 10 months ago.

I am stepping away to take care of an errand. I should be back available by about 5:30 PM CST and can reply then to anything you post

Expert:  RONB-ESQ replied 10 months ago.

I have been off line for a few days due to illness, but I also see you have not left positive feedback. That tells me that I have not fully answered your question so please reply here with any follow up questions you have or request for me to clarify something.

I just thought I would give you a heads up that I am logging off for the night. Do note that I should be back online around 1:00 PM CST tomorrow and will be happy to respond then to any additional questions. Feel free to reply here with follow up questions or if you need me to clarify something. In the event you would prefer to cover this over the phone I can make that happen as well for the additional fee mentioned. In the event you don't want a call just continue to reply here until I have fully answered your question.

In the event this answers your question thank you in advance for leaving me positive feedback as that is the only way I am compensated for the time I spent answering your question. Do note that even after positive feedback you are welcome to reply as long as needed here for free until your question is answered.

Regards,

Ron