If our Ch7 is Dismissed....

[AngelinaCat]

Hi All:

If our Ch7 is dismissed because of this mortgage assignment that did not get listed, can we appeal the decision, and how do we go about it? Attny admit mistake, but is trying to blame us for giving her incorrect information, and we are adamant that she gave us poor advice.

Any suggestions, comments are appreciated. Thanks!

[JRScott]

You can just amend the bankruptcy filing for like 29 dollars to include it if I'm not mistaken.

It large depends on how it is dismissed.

If it is dismissed with prejudice then you can't refile on those same debts.

If it is dismissed without prejudice then you can refile in 6 months.

[Yankeegirl]

Our Chapter 7 was recently dismissed without prejudice.

We were told that that dismissal without prejudice allows you to refile ANY time - no waiting period.

Dismissal with prejudice means you either have to wait a certain period of time to refile or can't refile at all.

[AngelinaCatHub]

Well our attorney said she could not get around to ammending or talking with us for at least two weeks. The 2004(b) yesterday went badly in that we went blank like a deer in a headlight. All he wanted to know is where the funds for the assignment of mortgage went. Our attorney showed by phone and should have bee with us. Called us five minutes before we left for Jax. Had not heard from her since the 12th and had proof she knew of this sale and had not included it in our papers. It was Feb 7 341, so it is going on and on and we don't know what is going on.

What grounds makes a dismissal with prejudice over a dismissal without prejudice?

Thanks for any input

[JRScott]

Usually dismissed with prejudice is limited to fraud cases.

Have you considered firing your lawyer and hiring another? I know it seems drastic but it is an idea if the one you have is not representing your interest.

[AngelinaCatHub]

Scott, we are now hand to mouth to survive. No more money and jobs where we are at are not good. I am 64 and not in great health. I need surgury and was told to wait to 65 for medicare or until a hernia (caused by previous surgury) gets into emergency status (pinched) and so I will purchase a truss and hold out. Hiring an attorney now is impossible. To keep this one may work to our advantage if the Court sees her incompetence. She attempted to chew my wife out on the cell phone (daughter pays for) after our 2004(b) interview. That person told my wife "we talked at length" about all that stuff. 'AngelinaCat' yelled back we never spent a full 15 minutes of conversation to date without you yelling at us and we are NOT supposed to know all this stuff, that is what YOU are paid for. It goes on, and on.

Right now, I don't know what is next. If the special Trustee purchased attorney believes we spent the proceeds in good faith, paying bills which we did, perhaps it will just go away.

[FreshLikeADaisy]

ACH, would it be feasible to write the trustee a letter (certified, return receipt requested, cc to atty) as soon as possible that explains where the funds went? Just because you went all "deer in the headlights" at the exam doesn't mean it's all over, if you really can provide the information requested. You could also state in your letter that you intend to amend your filing to include the mortgage assignment (or whatever it was, sorry ) as soon as your atty attends to it.

In general, when you have an atty, contacting the trustee directly is somewhat inadvisable. However, since the question was asked of you directly, and this letter is your response, it should be fine. You could start such a letter with, "During our recent 2004 hearing, you requested specific information regarding the disposition of funds received from our mortgage transaction, blah blah blah. We have since had the opportunity to review our records, and here is the information you requested..." Attach photocopies of supporting docs, like receipts or whatever.

This may not be helpful, but it occurred to me that this would be the first thing I'd try in order to recover from such a disastrous meeting, so I thought I'd mention it. All the best to you and the wife!!!

[Minnymouth]

Also, I would make sure that I filed a complaint with the Attorney General of your state against the attorney representing you. Be sure to document everything and send it certified. You do not have to send a copy to the attorney..... Let HIM/HER "explain" to the Attorney General why he got a complaint from you. Just state what your attorney did, etc.... and how it has affected your bankruptcy and the problems it created. Plus the fact that they yell instead of talking to you.

Everybody has a boss, honey............... some have government officials they have to answer to......

Keep us posted.

[JRScott]

Follow Fresh and Minny's advice. Fill out the forms to the best of your ability in your reply to the Trustee. You can also file a complaint against your lawyer with the AG as Minny says.