dismissing a case..

[Molly430]

Can a case that was filed on 2/12 be dismissed, and filed again later?

[dingdong]

You can get dismissed for certain errors, like not filing all of your forms, missing your 341, etc.

Are you worried about your tax return?

[Molly430]

I am freaking out...crying...about my whole tax return, walmart thing. It was an honest mistake, I thought because i was able to get $2000 exempt, I was able to spend that. My lawyer just called me and told me not to worry...I will be able to explain myself as to why I spent that money. Still very worried.

[dingdong]

Do you have a lot of assets?

Go over your petition and see if you can exempt it with a wildcard exemption.

Don't get too stressed over it yet, it is not like you went out and bought a Mercedes.


Do you own a house and car and a lot of nice things?

If you don't you can probably find room to exempt it.

Also, check your bank account and see what the actual posting date was.

Sometimes the ACH transfers show up and are available, but the actual posting date is the next day. If it was, you are groovy!

Look at your bank account online and see what it says.

My DD goes in the night before and is available that day, but the posting date is always the next day.

[Molly430]

thanks, i will take a look at my account. my lawyer wasnt worried about it, so i guess i shouldnt be either. thanks again for listening and givin advice.

[Molly430]

ok...so my state return was deposited in my account on 2/5/09.... and my federal return was deposited on 2/10/09. Guess this really doesnt help things at all.

[dingdong]

Worst thing that can happen is you will have to pay part of it back. Your lawyer will probably be able to exempt part of it. I wouldn't worry too much. Save the other 2000.00 and if you have to pay back part of the Wal Mart shopping, then life goes on, just look at all of the debt you will be discharging to make yourself feel better.

[Molly430]

So dont you think if I was able to exempt my $2000 from my taxes, my walmart thing would be ok? I would think I would only have to pay back the remainder of my taxes...I am just so nervous for th 341 meeting.

[dingdong]

341's are usually a breeze unless your BK is really complicated.

IF you are basically in CC or medical debt, don't own a lot of fancy stuff ( Boats, planes , jewelry, livestock, etc) Qualify under the median income/means test, you should have absolutely nothing to worry about.

When you go and the 5 minutes of scrutiny has passed, you will wonder why you ever worried in the first place.

You will be fine, the 341 is not a big deal.

[Molly430]

You have seriously calmed me down so much. I was about to lose it there for a minute! Thanks again.

[lrprn]

Molly, if your lawyer isn't worried, then chances are very good you don't have to be so worried either. Do your best to stay as calm as possible.

During your 341, remember *NOT* to volunteer anything the trustee doesn't ask you about. Answer the questions you are asked truthfully in the shortest manner possible and don't provide any other additional information or explanations that aren't asked for. You'll be fine.

[relief13035]

Try not to stress. Easier said than done, I know.

I freaked out about everything in the beginning too. The "unknown" is what stressed us out the most.

[hgpotter]

I filed on 2/17. I'll receive my refund and a work bonus this week and next respectively. My lawyer said the trustee will not touch either.

I need new appliances and will have them purchased before my 341 on 3/23. I'll just bring the receipts with me for proof of what it was spent on in case I'm asked.

Keep the itemized receipt as proof that it was spent on food and clothing but like others have said, if your lawyer is not worried, it may be a non issue.

Good luck
AC

[jessegirl]

You have seriously calmed me down so much. I was about to lose it there for a minute! Thanks again.

If your attorney isn't worried about it, Then I wouldn't neither. Ovbiously, he knows what you can get away with and what you can't with your trustee. Thats why I said to call your attorney. Look, i would continue to go forward IF you should have a problem with it, the worst it you would have to pay the trustee back which is much better then not going thru with the whole BK.

BK is very very nerve racking and I will say ALOT of worries. Mine has been a disaster, every time I turn around the UST is on my azzz. I cannot wait until its over.

Again, the attorney isn't worried then ou should be either.

Goodluck hun...

[Molly430]

If your attorney isn't worried about it, Then I wouldn't neither. Ovbiously, he knows what you can get away with and what you can't with your trustee. Thats why I said to call your attorney. Look, i would continue to go forward IF you should have a problem with it, the worst it you would have to pay the trustee back which is much better then not going thru with the whole BK.

BK is very very nerve racking and I will say ALOT of worries. Mine has been a disaster, every time I turn around the UST is on my azzz. I cannot wait until its over.

Again, the attorney isn't worried then ou should be either.

Goodluck hun...

thank you, i know its annoying having people like me on here freaking out about everything....but this is alot more stressful and emotional than i ever thought it would be. its great we can come here and get the answers and positive attitudes. thanks again.