Chapter 7 dismissed, what are my options now?

[girlblue]

My 341 hearing was held 11/10. On January 14, 2011 the UST filed a motion to dismiss based upon my income after bankruptcy case filed and my ability to repay all of my debt in a chapter 13 instead of a chapter 7.

I checked on pacer tonight and discoovered that another one of my creditors filked a motion to dismiss based upon the same reasons. The mothionwas granted and my case was dismissed on Jan 18.

What I want to know is how can the case be dismissed without anyone hearing my side of the story? A hearing date was set for Feb 17.

ANy helpful thoughts are welcomed!

The ironic thing is that I was considering dismissing my case and trying to work with my creditors outside of the bankruptcy court. What are my options now?

[tcreegan]

Hi girlblue,

...some pieces of the puzzle are missing...normally a creditor in a Ch 7 can't move to dismiss, they object to the discharge of their debt. To dismiss the whole case needs the trustee or UST

What I want to know is how can the case be dismissed without anyone hearing my side of the story? ....if you don't file an objection to the motion, the court grants the motion. You kinda need to speak up to tell your side of the story.

The ironic thing is that I was considering dismissing my case and trying to work with my creditors outside of the bankruptcy court. What are my options now? ....take the dismissal and work things out w/ your creditors. Or file a Ch 13

....can't see too much else, hopefully some other folks can chime in w/ some other ideas,

Tom in Colo

[girlblue]

On jan 14, the UST filed a motion to dismiss and a credit joined in the motion on Jan 18. The motion was granted the same day. How long did I have to respond? Less than 4 days? I spoke with my attorney on Jan 17 and we were considering the options (object to the dismissal, convert to a chapter 13 or me working alone with my creditors). I thought I had at least until Jan 21 to respond.

[backtoschool]

There seems to be some crucial info missing. In order for the US Trustee to dismiss that quickly without giving you time to respond, you income must be significantly higher than the income you had in your look back period. Could you give us some more details? If your income is such that your income went up a significant amount, and you are way over the median, and your debt and expense numbers have not changed since your petition, then the US Trustee could dismiss you on a totality of circumstances dismissal. You should still have the ability to file a challenge and objection though.