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Consequences of Skeleton Filing and Dismissal

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    Consequences of Skeleton Filing and Dismissal

    It appears I may not have enough time to complete the 100 page packet. I'm working overtime and simply do not have the time to spend on all these forms and legal research. Aside from having my case dismissed for a deficienct filing, do I need to worry about losing any assets? Should I at least submit Schedule C, Exemptions?

    #2
    Chapter 13 trustees don't have the power to liquidate non-exempt assets against your will. They just give you a bill for the non-exempt assets (the payment plan) and if you choose not to pay them the non-exempt assets, they dismiss your case. That's why chapter 13 is good for keeping your assets. Chapter 7 trustees can take your stuff.

    Most experienced bankruptcy lawyers will refuse to do a skeleton filing with the sole exception of a foreclosure. Mine wanted three weeks advance notice of the filing date once you have submitted all of the requested documents.

    The repo man will be quick and grab your car the minute they find out you are dismissed from the 13. They're thinking you will refile shortly. Not sure how quick they can do the replevin.

    I recommend you hire a lawyer next time around. The best use of your time is to get more overtime hours, not work on a pro se chapter 13.

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      #3
      Thanks flashoflight -- if this falls through, and I lose the car, I'll probably just wait until I'm eligible for another Chapter 7. I don't believe my creditors can garnish wages from an Indian casino / sovereign nation.

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