Just curious - how do you fight a 727 action?

[DivorceRuinedMe]

I am not in this situation yet (and I'm praying that I won't be) but right now it's up in the air. Not sure how one goes about fighting a 727 action? I know my atty would know but I thought I'd ask here first. I"m sure you just file a motion or something, contesting the 727 right? Then what happens - does it go before a judge????

[HHM]

Get an attorney!

But yes, there will be a hearing before a judge.

[gophermn]

I noticed you were audited before the 341. Is this the norm? Who pulled it for audit? US Trustee?

[BKFLA]

I've heard it's random....like 1 out of 250? Is this correct anyone?

[DivorceRuinedMe]

I noticed you were audited before the 341. Is this the norm? Who pulled it for audit? US Trustee?

It was a random audit. The US Trustee's office doesn't do the audit - an independent firm does. But, the US Trustee gets involved in ALL random audit cases afterward- just to make sure there were no material mistatements. If there were, then it gets sticky with the US Trustee.

HHM - I have an attorney but I just wanted to ask here first what the process is. She doesn't think this will happen, but I just like to be prepared for what may come if it does.

[HHM]

Look up "bankruptcy adversarial proceedings" on Google.

[DivorceRuinedMe]

Look up "bankruptcy adversarial proceedings" on Google.

Thanks. I wasn't sure if this was considered an adversarial. For some reason I thought only things have to do with creditors were adversarials.

[biotechsolution]

Thanks. I wasn't sure if this was considered an adversarial. For some reason I thought only things have to do with creditors were adversarials.

Dismissals under 727 don't happen very often and usually the UST would have to think of some type of 'fraud' action on your part.

I wouldn't worry about a 727 dismissal unless you have high recent business debt without a practical way of generating income. Most have to do with fraud issues.

For consumer debt you will most likely see most objections be under 707(b).

Objections under 707(a) would almost always be procedural.

Has for cost...I think an attorney who is well versed in defending AP hearings will charge in the 2-4K range.

[DivorceRuinedMe]

Dismissals under 727 don't happen very often and usually the UST would have to think of some type of 'fraud' action on your part.

I wouldn't worry about a 727 dismissal unless you have high recent business debt without a practical way of generating income. Most have to do with fraud issues.

For consumer debt you will most likely see most objections be under 707(b).

Objections under 707(a) would almost always be procedural.

Has for cost...I think an attorney who is well versed in defending AP hearings will charge in the 2-4K range.

Thanks for this info. Good thing I am getting about $2100 back from the whole rebate tax thing. If it does come down to it- that's where that money will go.