withdrawl or refile

[acro68]

After a quick/rushed assembly of the Chapter 7 petition & submittal, and a little time for a more careful review and recollection on what happen exactly 2 years ago, I have come to the conclusion that my Chapter 7 petition isn't worth the paper it is written on. Some of my recollections were not correct with sale of a property to an outside party, off by about 2 weeks. The errors are too numerous to count, some could result in significant $ being turned over to the trustee. My wife and I decided to hire an attorney to either fix/amend this mess or to withdrawal and start over. The 341 is scheduled for end of the month. Amending the petition will keep the automatic stay, but the document will be a mess. Withdrawal will expose us to the credits again, but there would be less errors to correct - do they compare the old and new? As for the $, Trustee will probably get what is owed either way. Looking for advice.

[backtoschool]

You cannot voluntarily withdraw from a chapter 7 the same way you can from a chapter 13. The judge has to approve your voluntary dismissal and it has to be for a good reason. It will be better if you amend the petition before the 341.

[acro68]

Thanks for the advice. Hopefully, they won't throw the book at me with the number and magnitude of errors.

[backtoschool]

Thanks for the advice. Hopefully, they won't throw the book at me with the number and magnitude of errors.

You are asking good questions. If you keep posting questions as you amend your petition, you will be able to fix all the errors.

There is also a pro-se section of this forum that has very good and detailed information on how to file and how to amend your petition.

[acro68]

I will look at this section tonight. At this time, my wife and I would like to find a competent bankruptcy attorney; hopefully, I will find one.

[backtoschool]

I will look at this section tonight. At this time, my wife and I would like to find a competent bankruptcy attorney; hopefully, I will find one.

With the complexity of your case you should certainly use an attorney. When I filed, my case was somewhat complex too (formerly high income, moved to another state, etc...). I wanted to be sure that I knew as much as my attorney, so I did a lot of research in the pro se threads.

[acro68]

It is becoming difficult to locate an attorney. Would anyone recommend contacting the Trustee and asking him for a referal, i.e. two to three?

[AngelinaCatHub]

It is becoming difficult to locate an attorney. Would anyone recommend contacting the Trustee and asking him for a referal, i.e. two to three?

NO! You can talk to him only about your personal case since you are pro se. Once you get a lawyer, you cannot directly communicate (although we did due to incompetent representation, we had to disclaim verbally our lawyer before he would talk to us). You could call the BK clerk office and ask them their recommendations (if they will oblige) as many clerks like to deal with some than others. It is worth a try and has worked before. BTW don't ask them legal questions at all.

Have you got the C7 book from Nolo? Very good chapter on pro se. Nolo also has a pro se book. Not too expensive in download pdf format. nolopress.com 'Hub

Edit: Start correcting your forms as it may be a month before you get an appointment. They are really getting busy. As pro se, you could request the Court of an extension or as pro se, that would be an allowed question for the Trustee to extend your 341 for another month. Tell him your reason but do NOT ask him to give you a recommendation. (conflict of interest).

[backtoschool]

I agree with hub. I would also add that the trustee is not your friend. Their job is to represent your creditors and find money to pay them. Any lawyer that the trustee would recommend would probably not be in your best interests anyway.

[tcreegan]

Hi again acro,

Voluntary dissmissal might get you a 6 month wait to refile and then only 30 days of stay.

I hope you find a good BK attorney!!

Tom in Colo

just a thought; have you checked w. the IL state bar association?

[acro68]

Looks like homework for this evening will be the C7 book from nolopress.com.

[acro68]

The 341 is scheduled for 11/24/10.

[tcreegan]

The 341 is scheduled for 11/24/10. Happy Thanksgiving maybe.....