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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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When you go to a Trustee and Creditors meeting after filing

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When you go to a Trustee and Creditors meeting after filing Chapter 7 does a person have any options available if a disagreement occurs with the Trustee? An example of such a possibility would concern the valuation of a vehicle and how to pay the difference between the value and the California System 1 exemption amount.

Should the Trustee dismiss the Bankruptcy Petition is there a time limit as relates to re-filing the petition.
Hello,

So sorry to hear of your difficult situation. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

When you go to a Trustee and Creditors meeting after filing Chapter 7 does a person have any options available if a disagreement occurs with the Trustee?

Yes. The trustee represents the creditors in a bankruptcy. It is the trustee's job to maximize the recovery for the benefit of creditors and the trustee is paid a percentage for doing that. In the event you disagree with the trustee, you may file a motion objecting and be heard in court by the judge

Please let me know if you have any questions concerning my answer.
Customer: replied 6 years ago.
Thanks for your answer. Since you didn't answer the second part of the question concerning dismissal is that considered a second question on Just Answer. Thanks.
Actually I overlooked your 2nd question and I apologize.

The trustee cannot dismiss your petition. The trustee can ask the court to dismiss your petition and you have the opportunity to be heard to present your defense. In the example that you gave, the trustee would not want to dismiss your action. Instead the trustee would typically take the vehicle and sell the vehicle giving you the exemption amount from the proceeds before disbursing to creditors.

Typically if the petition is dismissed with prejudice, you cannot refile for 6 months.
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