Notice of Service on a Motion to Dismiss?

[moonflower]

Does anyone know if I have to do a Notice of Service to the Trustee on a Motion to Dismiss a Chapter 7? Also, do I have to give notice to each creditor, or does the Trustee do that?

[dspii]

Interesting........Why would you want to dismiss? I have read on this forum and the Federal Code and I do not believe you can withdraw your BK, but good luck.

[justbroke]

I guess you're trying to get your own case dismissed? Good luck with that one. Unless you're a no-asset case, it's going to be difficult to get the case dismissed.

Also, please read the actual Federal Rules of Bankruptcy Procedure, local rules, and the Code. If you are going to ask for a voluntary motion to dismiss, then you would always serve it on the Chapter 7 Panel Trustee and the United States Trustee, as well as EVERY CREDITOR ON THE MATRIX. Of course, with proof of service.

Judges are not so quick to dismiss Chapter 7 cases where there are assets to administer. The Panel Trustee and UST will certainly get very interested in this motion.

What are you really trying to do moonflower? The only time I ever see these types of posts, is where the person believe they are going to get a windfall or "made a mistake" -- filing pro se -- by not considering the impact of assets and their interests in all property (like being on the title to "mom's" house).

[moonflower]

I did the notice of service to the Chapter 7 trustee and all the creditors, but not the US Trustee. I guess I will need to amend the Notice, or do I just do another one for the US Trustee separately?

Pro se. Big mistake. Got caught in one of those predatory negative amortization loans, and when the market went down and the house value was 125% of the loan, they adjusted my payment to double ($800 to $1600 per mo). Couldn't keep up so they foreclosed. But the sneaky mortgage company sold the purchase money second just 3 days for the foreclosure and and now it shows as a $12,800 collection, which is keeping me from getting Federal employment.

Anyway, I decided it would be better for me to strike a deal with the collection agency rather than hassle a BK. But I understand I might be too late. Worth a shot. All they can do is say NO, correct?

[helpmeout]

You do realize that even if it is dismissed, you will still show as having filed for bankruptcy, don't you? And for as long as if you had not had the case dismissed.

The damge is already done.

[justbroke]

I did the notice of service to the Chapter 7 trustee and all the creditors, but not the US Trustee. I guess I will need to amend the Notice, or do I just do another one for the US Trustee separately?

You would fill out a "new" certificate of service showing JUST the U.S. Trustee.

[moonflower]

Yes, damage is done, and I will have to live with it. I just want it to be over.

Thank you all for your help and advice.

I will file a new notice stating the US Trustee is served as well.

Wish me luck.

[CCsAreEvil]

So.. if you are successful in getting it dismissed, do you have to wait 8 years or whatever it is to file again (if needed)?

[justbroke]

So.. if you are successful in getting it dismissed, do you have to wait 8 years or whatever it is to file again (if needed)?

No wait, unless it's dismissed with prejudice. If it's dismissed with prejudice, only precluded from filing any case under Title 11 for 180 days. Otherwise, since there is no discharge, there is no bar to filing.

[HHM]

Moonflower...let's assume you get the dismissal (not likely, but the judge may be merciful), the issue you raised in your other thread has to do with the un-perfected lien on a vehicle. Before you go down this road, you need to check your state law. If a lien is not filed within a certain amount of time after transfer of ownership, the lien is NEVER perfected. So if the plan is to dismiss, perfect the lien, and refile, you better make sure that is possible. Also, you may still have an insider preference issue.

If you are successful in dismissing, get an attorney the next time around, and you will need more than the run of the mill attorney.

[moonflower]

What is an "Insider preference issue"/

[HHM]

What is an "Insider preference issue"/

Exactly, get an attorney.

[music12]

i would say get an attorney now. you are going down a path you don't understand and could do yourself more harm than good. your first step, filing the bk, is already on your credit report. i don't see the value of dismissing your bk case. you will never be able to say that you did not file. so why undo what cannot be undone? ask a lawyer if what you are doing makes any sense. you could get some idea even in free consultation.

[moonflower]

Yes, I made a huge mistake. No attorney will talk with because I already went to the 341. Yes, I realize its on my credit report, but even with a slim chance of dismissal, which I doubt, I just want to make sure I give proper notice to all the correct parties.

[tigergem]

Exactly, get an attorney.

I can't watch this one anymore. It's like watching a train wreck.