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RONB-ESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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Jeannie can you vacate a discharged bankruptcy chapter 7? I

Customer Question

Customer: Jeannie Hello! can you vacate a discharged bankruptcy chapter 7? I had an attorney who obviously wasn't knowledgable in BK's and my case is a mess. I really didn't need to file BK, I just needed help with one creditor. I also needed a divorce and said that BK was the way to go. It would remove my interest from the properties I wanted to leave to the soon to be ex.
JA: Thanks. Can you give me any more details about your issue?
Customer: The trustee is wanting me to provide a bunch of paperwork regarding the values of the house and the 40 acre land that was passed down to the ex from his family. My Bk attorney never asked me for anything on these he reasurrred me that the bk would just remove my interest. The trustee is trying to find out if theres value to pay off the creditors or can I turn it into a chapter 13?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Bankruptcy Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  RONB-ESQ replied 1 year 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.

Also in the event you are new to JA, I only receive a portion of what you pay to JA when you provide positive feedback and click the submit button on the upper right corner of your page. If I have provided you a timely response and answered your question please give me the courtesy of a positive rating before you log off the site, as many people forget to log back in and leave feedback. There is no additional charge for continuing to reply after you have rated me and we can continue a back and forth discussion until the question you posed has been fully answered

You should see my answer in the same pane below this response as we continue. In the event you would prefer a phone call please let me know and I can arrange it. It tends to be easier for both parties if you just tell me you want a phone call and let me send you the request versus using JA’s automated “request a call” feature. If you see a pop up regarding a phone call please note that the website generated that offer. Before I send you any such request it will typically be based on you requesting it by typing the request on the screen and then I will send you a phone call offer. Do note that a phone call is not required and we can continue here just typing comments back and forth.

You should be able to view my answer just below this response as we continue….

I type slow, but I am responding to your question you should see my response in 37 minutes

Expert:  RONB-ESQ replied 1 year ago.

My name is ***** ***** I answer questions in the bankruptcy area. In reading your question it looks like it is possible you might be trying to reach another expert. If you are please reply and include her name and I can opt out and the question will go back to the group at large and if they see you are requesting a specific expert the other experts will leave it for her.

In the event I just mis read things I will provide you an answer.

I encountered this kind of issue early in my practice where another attorney had improperly advised a client as to certain assets or perhaps the client didn’t tell the attorney I was not sure. I knew that with all other kind of litigation the Plaintiff (person filing) had an absolute right to dismiss the action at their discretion.

BK is different in that upon filing an estate is created made up of everything owned by you or that you might have a potential interest to. In the case I was involved with I filed a motion to dismiss and the trustee objected and then I discovered that the trustee had undertaken his own research and discovered certain other assets. So you know a trustee in the Dallas area gets paid around $45 per creditors meeting, but they make 10% on any asset they can recover for the benefit of the unsecured creditors. They also many times hire their own lawfirm to represent them in all hearings so a portion of any proceeds goes to pay them, their firm and then an accountant and maybe a business valuation expert if the trustee engages one. In Bk there is no absolute right to dismiss and once you are in the process some people just want out and that is not an option if the trustee is interested in something.

I would highly recommend that you meet with a different local BK attorney and go over these details. I know money is tight, but it may be well worth the money spent to decide how best to deal with the trustee.

Does that answer your question? Again sorry I type quite slowly.

Expert:  RONB-ESQ replied 1 year ago.

I guess I should also make sure I understood your question when you say can you vacate a BK discharge I understood that to mean can I dismiss the BK filing. If you did mean the discharge then my answer would be different and since the discharge comes at the end I am unsure why you would want to vacate it as your credit report would indicate you filed the BK, but you would not get any of the benefits of the discharge (no liability for debts included, etc.). So if I misunderstood please let me know and I will approach in a different manner.

Expert:  RONB-ESQ replied 1 year ago.

I just wanted to follow up with you and make sure I answered your question. If you have a follow up question or need me to clarify something please just reply here.

If I have answered your question I would appreciate the courtesy of you providing positive feedback as that is the only way I am compensated for the time I spent answering your question.