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Pro Se Dismissal Chapter 7

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    #16
    Originally posted by HHM View Post
    If there is an inheritance on the horizon, there is NO WAY your trustee will agree to dismiss. This talk of creditors is useless, it is the trustee that will make the decision.

    Bottom line, there is no way to voluntarily dismiss the chapter 7, and even though you can try things like "not attend the 341", if you have already disclosed the inheritance, you have already shot yourself in the foot.

    Good luck.
    wow. that sucks.

    sorry OP.

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      #17
      Originally posted by 2Bshinyandnew View Post
      wow. that sucks.
      Many people just don't understand that once a Chapter 7 is filed, it takes on a life of it's own. This is particularly a problem with pro se filers who don't understand the impact of filing.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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        #18
        Originally posted by justbroke View Post
        Many people just don't understand that once a Chapter 7 is filed, it takes on a life of it's own. This is particularly a problem with pro se filers who don't understand the impact of filing.

        That's why I said what I said in my first post for this thread. This is a very good question to ask BEFORE filing not after. I was almost waiting for HHM's response knowing just what it would be.
        The essence of freedom is the proper limitation of Government

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          #19
          it's sad the broke folks don't seem to get a brake.
          Chapter 7 07/30/2008
          341 09/17/2008
          Discharge 11/21/2008

          Comment


            #20
            Originally posted by TEW View Post
            it's sad the broke folks don't seem to get a brake.
            Not really, this is more of an example of piss poor planning leads to piss poor results

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              #21
              Originally posted by HHM View Post
              Not really, this is more of an example of piss poor planning leads to piss poor results
              no argument here
              Chapter 7 07/30/2008
              341 09/17/2008
              Discharge 11/21/2008

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                #22
                Thought I'd post an update on the soon to be received inheritance & BK Chap. 7.

                After consulting with an attorney the same morning of my 341 and learning I should have used the Federal exemptions vs state I attended my 341.

                The federal exemptions have 2 wildcards which will allow me to keep about 20K of my inheritance.

                Not only did the attorney advise of this, but when Trustee asked if I had any changes to my schedules & I stated 'to Sch C & F' he replied 'I wondered why you used state instead of Federal. You'll now be able to keep part of your inheritance'. This guy was WAY COOL!!! Not only in that area, but he also made some suggestions about my exemptions which I would include in federal.

                The end result is: my debts will be paid at a percentage (depending the final amount of the inheritance, claims filed & trustee fee), all discharged and I will have a nest egg. WOO HOO!

                Now my head is aching over the Reaffirmation agreement on our car. Many questions on this!

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                  #23
                  Congratulations! I'm glad that worked out for you!
                  12/05/08 - filed pro se
                  01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
                  04/01/09 - new 341 scheduled
                  6/02/09 - DISCHARGED!!!

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                    #24
                    This, of course, is great news. We only would hope that Trustee's were more forgiving with pro se filers, as yours was with you.

                    Another key area that pro se debtors have extreme trouble with, are the Exemptions. Such debtors have put property at risk by not utilizing them to the maximum extent of their best interest.

                    I'm glad for you.
                    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                    Status: (Auto) Discharged and Closed! 5/10
                    Visit My BKForum Blog: justbroke's Blog

                    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                    Comment


                      #25
                      Congratulations...it is really a good solution! Your Trustee sounds like a good one!
                      Filed CH 7 9/30/2008
                      Discharged Jan 5, 2009! Closed Jan 18, 2009

                      I am not an attorney. None of my advice is legal advice in any way..

                      Comment

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