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Trustee or Voluntary Dismissal

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  • Trustee or Voluntary Dismissal

    My C13 will be dismissed by the Trustee for non-payment in about 17 days. It was filed in the state I was living in at the time, I've since moved.

    I'm going to file a C7 where I reside (Attorneys don't seem to want to do a change of venue and conversion). My question is:

    Should I allow the C13 to be dismissed by the Trustee -or- motion for a voluntary dismissal? Will it make a difference in the C7 filling?

    My C13 attorney will file the voluntary dismissal if I sign the documents but made a bit of fuss about it being "a big deal" without any good reasons why...

  • #2
    Why don't you simply convert your current case (assuming you "qualify" for such a conversion) and travel back to that state for the 341?

    Dismissing either by the Trustee or upon your own motion and then filing a new case, if not necessary, has at least the following two problems:

    1. A Motion will need to be filed extending the automatic stay beyond the first 30 days in case number 2. Now, the reality is that if this is not done and the stay is lifted by operation of law, once the discharge is entered in case 2 it really does not matter but this is something you need to discuss with the attny.

    2. In a converted case only 1 case appears on the credit report. If you file 2 cases both will be reported. Now, I personally do not think credit reports are anything but garbage but lots of consumers, for whatever reason, think such reports come from the Heavens above.

    As to your question, IMHO, it does not really matter who dismisses the case so long as there is not a court finding that you willfully disobeyed a court order (rarely happens).

    Des.

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    • #3
      [QUOTE=despritfreya;n1019678]Why don't you simply convert your current case (assuming you "qualify" for such a conversion) and travel back to that state for the 341?

      Thank you for the reply despritfreya

      I would absolutely do this because it's less than 300 miles away....but my C13 attorney is the one who advised me to seek a new Attorney in my current state and file the C7 here.

      Comment


      • #4
        Originally posted by Bugwood View Post
        I would absolutely do this because it's less than 300 miles away....but my C13 attorney is the one who advised me to seek a new Attorney in my current state and file the C7 here.
        My guess is that your current attorney does not want to be the one who converts the case since converting will eliminate any fees you may owe to him. Go back to this attorney and find out if you "qualify" for the conversion. The issue of "qualifying" may be specific to your district. Technically you cannot convert if, on the day you filed the 13, you simply did not "qualify" for a Chapter 7 based upon the means test. Also, what state did you file in?

        Des.

        Comment


        • #5
          Originally posted by despritfreya View Post

          My guess is that your current attorney does not want to be the one who converts the case since converting will eliminate any fees you may owe to him. Go back to this attorney and find out if you "qualify" for the conversion. The issue of "qualifying" may be specific to your district. Technically you cannot convert if, on the day you filed the 13, you simply did not "qualify" for a Chapter 7 based upon the means test. Also, what state did you file in?

          Des.
          Ohio....and I don't think I can do that legally because I've been back in my home state for 1.5 yrs.

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          • #6
            Originally posted by Bugwood View Post
            Ohio....and I don't think I can do that legally because I've been back in my home state for 1.5 yrs.
            Your current residence has no impact on a converted case and you get the best of both worlds, 1 bankruptcy case number and you can include in the converted case any debt you incurred between the original filing date and the date of conversion (if any).

            Talk to the Chapter 13 attny.

            Des.

            Comment


            • #7
              Originally posted by despritfreya View Post
              Why don't you simply convert your current case (assuming you "qualify" for such a conversion) and travel back to that state for the 341?
              I said all of the same things in another thread. Seems to be some attorneys with no "good" experience with common procedure (albeit infrequent).


              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


              I am not an attorney. Any advice provided is not legal advice.

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              • #8
                justbroke

                I wasn't following the thread you cited above but yes, the same thing. No need to change venue. Debtor just goes back for the 341 and then is done with it. I do not understand the reluctance of advising the client that converting is a darn good option (assuming client "qualifies"). We do it all the time. We actually don't charge much for the conversion - typically $500.00 to cover my time at the 341 and the filing of a new budget, statement of intention, chapter 7 means test and any new creditors. The actual Notice of Conversion takes me less than five minutes to type. Not a big deal.

                Des.

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