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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19653
Experience:  B.A.; M.B.A.; J.D.
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CONCERNING THIS PARTICULAR QUESTION UNDER ASSUMPTION OF BUSINESS

Resolved Question:

CONCERNING THIS PARTICULAR QUESTION:UNDER ASSUMPTION OF BUSINESS CLOSING,I FELT THREATEN AND FELT I HAD NO CHOICE TO FILE FOR CHAPTER 11 ON A PRO SE BASIS. WITH THIS IN HAND I RECEIVED CERTIFIED LETTER FROM TAXATION AFTER FILING GIVING ME 90 DAYS TO ACCEPT OR APPEAL THEIR REQUESTED AMT. WITH THIS SAID, SHOULD I PULL OUT OF CHAPTER 11 AND NEGOTIATE A DEAL OR SHOULD I CONTINUE WITH THE BANKRUPTCY.? ALSO WOULD I BE ENTITLED TO A REFUND FROM THE ATTORNEY WHO I PAID AND HAD ME FILE PRO SE AND THE COURTS FILING FEE ALSO. I AM SCHEDULED FOR A MEETING IN MARCH. WHAT DO YOU SUGGEST IN FIR MY BEST INTEREST?..
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 6 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Could you clarify?

Who was threatening you?

Was your tax debt one of the reasons for your bankruptcy?

What are your debts?

Customer: replied 6 years ago.
chapter11 filed with no attorney original attorney retired,before filing he was paid for services that i didnot see.
2nd. taxation sent certified letters requesting payments within 30-90 days. mind you they were given a number to show bankruptcy filed. was told i would not receive further notices.... yeh right....

3rd. yes i has to do with sales and tax use

basically that and other debts.
Expert:  Phillips Esq. replied 6 years ago.
Thank you for the clarification.

Your Question: CONCERNING THIS PARTICULAR QUESTION:UNDER ASSUMPTION OF BUSINESS CLOSING,I FELT THREATEN AND FELT I HAD NO CHOICE TO FILE FOR CHAPTER 11 ON A PRO SE BASIS. WITH THIS IN HAND I RECEIVED CERTIFIED LETTER FROM TAXATION AFTER FILING GIVING ME 90 DAYS TO ACCEPT OR APPEAL THEIR REQUESTED AMT. WITH THIS SAID, SHOULD I PULL OUT OF CHAPTER 11 AND NEGOTIATE A DEAL OR SHOULD I CONTINUE WITH THE BANKRUPTCY.?

Response 1: You may withdraw the bankruptcy case if the taxes are the major debts that you have and all the other debts are very minor. Otherwise, you may to continue with the bankruptcy to reorganize the other debts.

ALSO WOULD I BE ENTITLED TO A REFUND FROM THE ATTORNEY WHO I PAID AND HAD ME FILE PRO SE AND THE COURTS FILING FEE ALSO.


Response 2: If you paid the attorney and the attorney did not perform services for which he was hired, then the attorney must return the fee to you. You can call the attorney or send a written request for refund. Also, if you paid the attorney the filing fee and you also paid the Court the filing fee when you filed pro se, then the attorney must also return the filing fee. However, if you asking if you can get the filing fee from the Court if you withdraw, the answer is NO.

I AM SCHEDULED FOR A MEETING IN MARCH. WHAT DO YOU SUGGEST IN FIR MY BEST INTEREST?..


Response 3: Without the benefits of reviewing all your financial documents and business transactions and debts, I will not be able to tell what your best strategy should be. This question should be answered by a local attorney after careful review of your circumstances and all documents relating to your case, which I cannot do in this forum.
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