Bankruptcy Law/What happens if Chap. 7 discharge is revoked?
QUESTION: IF your discharge is successfully revoked what happens afterwards to the 'debtor'. I am under the impression that you are again responsible for any creditors that claim debts owed, but is the backruptcy then just closed and everyone goes back to the same spot they were in before the Chap. 7 was filed? I've looked all over the 'net and it doesn't speak to what happens afterwards at all. The only statement I can find towards what happen is the debtor is agains responsible for the debts but not what happens to any trustee fee's (if any), her attorney fees (if there is one), etc. Do you owe trustee fees, etc.
I have the trustee from Hades' and my bk. has been ongoing since June 2009 and should have ended two years ago, but NOW the trustee is trying to get my discharge revoked, plus has filed two adv. complaints against me. I only have one creditor in the amount of $5021.99 and have arranged funds to pay her but she just won't quit!!!
ANSWER: Hello Mary: The attitude you describe of this trustee is common. For the most part, they are former creditors attorneys and simply put, are not nice people Having said that, if the trustee has filed a motion to dismiss your bankruptcy or to revoke your discharge if it was already granted, your attorney fees incurred and the trustee fees would still be enforceable.
More importantly, what can you do now to fight this so that you can get successfully deal with the adversary complaints and the apparently pending motion to revoke your discharge or dismiss your case. I have had experience helping people in the same circumstances as you (trustee filing a motion to dismiss the discharge and filing adversary complaints against the debtor and have been successful - but it is hard for me or anyone else to say for sure without actually looking at the papers involved that are pending against you. If you call me we can look at the court file and I can explain your options better. I will not charge you just to talk on the phone. You can call me anytime at this number. I look forward to hearing from you if you decide to call - but you don't have much time so sooner would be better than later. Also, it might not be a bad idea to make any further moves until you know all of your options. That would include, but not be limited to making any payments to the trustee or your own attorney, at least not until you have a chance to know those options before you do so.
Jack Hall, J.D.
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QUESTION: Thanks, Mr. Hall, for the response. This case is now complicated and ridiculous because of this female. The attorney I referenced is HER attorney. I have already paid the one I used to have and have been handling the case myself for the past two years. I arranged for the funds to pay her and the one creditor on 2/9/11, and she was informed but she chose to ignore this info and proceeded to file her adv. complaints, the first one 6/16/11 and the next one 8/17/11 (this one is beyond the S.O.L and should have been dismissed as a matter of law but still on the docket). Her atty is busy fabricating phony billing statements and the two of them together and individually have violated every rule in the books just about.
I don't know yourlocation so don't know what time zone you are in. I'm in CST. Please let me know the best day to call you, and time. I appreciate your offer to assist. Thanks.
I am just now reading this on Wednesday night, but if you would like to call me in the morning (Thursday) or at any other time, I will make the time to talk to you whenever you call. I am in the Mountain Time Zone, one hour behind your time. 915 261-3893
P.S. In the meantime, if you could send me your case number and your court district and your last name BEFORE you call, I can look up your various cases cases and save a lot of time when you call me afterwards because at that point I will already have seen the file and we won't have to sit there and wait for the computer to check the various documents while you are on the line. Plus, if I can see the papers before hand, I can probably come up with some options you might presently have to straighten this out.