Missing 341 on purpose for dismissal

[jeffro389]

Ok, so i have made a couple post about my friend and his filing and any feedback i can get will help.. He no longer wants to go through with the chapter 7.. he is ready to sell the house and move to another job. His first meeting, 341 is in 2 weeks.. If he misses this meeting, chances are it will be dismissed.. Correct? then i guess his creditors will start to file suit and he can negotiate? He told his lawyer he is thinking of just walking away and got no response..

[justbroke]

Whether his lack of attendance in attending a Chapter 7 Meeting of Creditors will get his case dismissed is something that no one can guess. It is possible for it to be dismissed, but if it was an asset case from the start, it is likely that the Trustee will not let is dismiss. Your friend should definitely sit down and have a conversation with his attorney. Specifically that this is all third party information, I can't implore your friend any more strongly than they need to speak with their attorney, not just send a vague message about "thinking" not going through with it. Setup a meeting with the attorney and go through the obstacles which may be.

Worse, if your friend is delaying, defrauding, or hindering his creditor and the Trustee, that could be bad if the Trustee later discovers that your friend became entitled to receive an inheritance and purposefully avoided the 341 Meeting to seek a dismissal. If there is a clean way to do this, your friend should be working with his attorney! despritfreya gave you excellent advice earlier. On top of that, your friend should seek counsel from their own attorney, as despritfreya wrote, regarding a "quiet" dismissal in your specific District.

I'm not picking on you, but we get a fair number of people that come here and try to figure out how to hide money from the Trustee. If you already filed and you are now entitled to an inheritance (with 180 days of filing), then it is property of the bankruptcy Estate and it is reportable to the Trustee. Attempting to get the case dismissed so that you can keep the money and try to settle on your own, is not the intent of the statute (11 USC 541).

I wish your friend the best of luck.

[jeffro389]

I appreciate all the feedback once again.. I told him to just go through it all and it will end soon enough. The inheritance is a monthly amount of about $145 and he told the lawyer.. it's been a difficult situation with his job (aabout to be laid off) and his house he wants to sell. It's not about defrauding any one but rather can he keep the small amount each month And pay his creditors. This all happened after he filed..