Bankruptcy Law/Revoke Chap. 7 discharge
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 since 2/9/11 but she just won't quit!!!"Any suggestions? We have a status hearing on 1/31/13.
ANSWER: You are incorrect. The discharge (or revocation thereof) has nothing to do with the administration of the bankruptcy estate. If there is a basis to revoke your discharge, it can be revoked and the Trustee will continue administering whatever assets there are to administer until creditors are paid 100% (including, of course, the trustee's fees, trustee's attorney's fees, etc.)
Have you tried filing a Motion to Dismiss your case? If you can show an agreement with all the creditors, the judge may allow dismissal of your case, although you'll likely have to agree to pay some of the Trustee's fees at this point. If you don't have an attorney, this would be a good time to get one.
has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. His webpage is www.bklaw.com
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QUESTION: I have diligently been trying to retain an attorney but they will not take it because it is too complicated, involved, 4 years old, and the worst trustee in the USA! She is well known with a very negative reputation. I drove to a contiguous state this morning in an attempt to interveiw an attorney licensed to practice here- they refuse to get involved. OK, I can file a motion to dismiss but will it be effective NOW since the case has been on-going since 09? As previously stated, I have only ONE creditor in the amount of $5021.99 and I have arranged funds to pay this company with the funds available since 2/9/2011 - almost TWO years ago but this trustee just keeps going on and on and on! She is guilty of overbilling, her attorney is guilty of overbilling their fees, etc. and it's a cesspool! False accusations and allegations with NO proof whatsoever, but this is ILLIINOIS, the most corrupt state in the USA!!! I'm sure you've heard of Cook County, Chicago, etc. Everyone has! It is notoriously corrupt as the USA knows. She has no proof on any of the adv.complaints she filed - just spouted rules, etc. but no back up documentation, etc. Yet, this judge goes right along with her and her attorney and doesn't even ask for evidence!
I will file a Motion to Dismiss and outline these things if you think that is the proper way to do since I cannot retain an attorney because they flee the situation.
I appreciate your response so quickly - thank you, and I would appreciate any suggestions, please.
I agree that what the Trustee is doing sounds suspicious to me, but I do not practice in Illinois and cannot give you any specific advice about the courts there, nor do I have all of the facts pertaining to the adversary proceedings filed against you, etc. If your case is too involved and complex for an attorney there to get involved, I'm sure you can understand that it is far beyond the scope of a free advice forum to deal with over the internet. Aside from dismissing your case, the only other option I can think of would be to contact the U.S. Trustee's Office for your district and complain about what the Trustee is doing. You likely won't get very far with them as they are likely to advise you to get an attorney as well, but it can't hurt to try. If your case is in the Chicago area, the number to call is 312-886-5785.