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Chapter 7 tough question...

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    #16
    Originally posted by despritfreya View Post
    While OP was playing games I believe the attorney who represented OP needs to take some responsibility for what transpired. Clearly debtor's counsel had no control over the client and allowed the diversion of money belonging to the creditors. This gamesmanship should never have happened.

    Des
    If the OP wasn't upfront with his attorney and/or had documentation showing something differently than what actually was occurring, then it sounds like an attorney can be fooled also.

    To respond to justbrokes comments also: It's comments like this that make me cringe at the thought that this has played out as such. Perhaps the Chapter 13 Standing Trustee was asleep. Perhaps the debtor's attorney didn't know the game being played.

    The trustee involved with this case isn't known as a pushover. Quite the contrary in fact. Many objections by this trustee have gone in front of a judge for resolution, with several cases being taken up on via appeals. I was shocked when I saw who the trustee is..if even 1/2 of what the OP has stated is true, then this would be something this particular trustee would have pounced on. I also have to believe the attorney only knows what he has been told and given in the form of documentation.

    I think that the Chapter 7 case is headed for a showdown with the United States Trustee (UST). I wouldn't be surprised that the UST to intervene and seek to dismiss.


    Too late. The timeframe for the UST to object is past.

    It's quite possible that the OP didn't mean the things he has said in his posts, or mistyped what he meant to convey. Whatever. He will get what he wants..doubtful the creditor will get much more than the $10,000.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

    Comment


      #17
      Those were just my thoughts. I'm not familiar with the particulars of the case so I made some assumptions based on what information I had. If the creditor sought an extension of the deadline to file an objection, I thought that the deadline (bar date) had not yet passed.

      I could be 100% wrong, but I just don't understand. There's no need to try to make me understand. It's just that I see people struggle through Chapter 13s (myself included) and I only wish I had the ability to amass the savings that the poster had within 10 months.
      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


        #18
        Originally posted by justbroke View Post
        I could be 100% wrong, but I just don't understand. There's no need to try to make me understand. It's just that I see people struggle through Chapter 13s (myself included) and I only wish I had the ability to amass the savings that the poster had within 10 months.
        I will never understand :-) We have struggled through our 13 plan for the full 5 years, more in fact because we Michiganders are lucky in that we start the countdown post confirmation...(It will be darn near 6 years between filing and discharge.) For the OP to amass that much in savings during a 10 month period is very VERY unusual, especially in the district the OP filed in. (Also with that trustee). Don't know how he pulled it off, but it happened, and those of us who pay "all disposable income" in to our plans can only sit and seethe..

        Oh well, we lived within the rules and are better people because of it. I have that to be proud of.
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

        Comment

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