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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31737
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I file bankruptcy prosee then came to meeting with trustee

Customer Question

I file bankruptcy prosee then came to meeting with trustee they say they need my social security card I did not have it so the case was continue to later date then I came with doc trustee requested then he said I need 6 month of bank statement before I file bankrupycy so case was continue to later date I came the date he told me he did not show up now he motion dismiss my case he even lie say I miss shows up what can I do stop motion to dismiss my case
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.

Kirk Adams : Hi - my name is Kirk and I'm a Bankruptcy litigation attorney. Thanks for requesting me! I'll be glad to assist.
Kirk Adams : Trustee's file motions to dismiss all the time for the smallest of things, so something like this is not unusual.
Kirk Adams : However, you must still respond to them and try to comply to prevent a dismissal.
Kirk Adams : In a case like this, you need to get the requested information or documentation to the trustee as soon as you can. Then file your response to the motion to dismiss stating that you've complied with the requirements of the bankruptcy code and the requests of the trustee and that the grounds claimed for dismissal have been remedied (you can also attach copies of the documents at issue to your response).
Kirk Adams : Bankruptcy court is a debtor's court, so the judge isn't likely to dismiss your case and end the matter if you're making a good faith effort.
Kirk Adams : However, the judge may recommend that you consult an attorney to help you through the process - - which is a good idea because the bankruptcy procedure/process can be confusing.
Kirk Adams : But, for the present issue, you can draft and file a simple response to the motion stating that you've cured the deficiency by providing the information requested, and then ask the court to deny the dismissal.