Originally posted by johnnyv22
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Filed now want to dismiss
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Sorry - didn't mean to sound accusatory. I don't see how it could be better for you and your family not to proceed with your case once you've filed. Trustees are not out to leave you destitute and take every dime you have. It is when debtors start doing irrational things (like dismissing their own BKs) or behaving strangely that trustees get their feathers ruffled. Are there assets not listed on your petition (other than this $2K) that you are worried about?
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Did you use an attorney or file yourself?
How much over the 2k are you talking?
As mentioned, once you file the damage is already done. You should have thought it over good and hard before filing int he first place but 99% of the time it's not in your interest to try to get dismissed. If you decide you file again later it iwll have to be in the SAME court you filed in the first place and they may look at it more closely the 2nd time around.
If you filed yourself talk with an attorney and see what they recommend.
DBChapter 7 filed 3/31/08
341 5/12/08
Last day for objection 7/11/08
AUTOMATIC ORDER DISCHARGING DEBTOR 7/15/08 :yahoo::yahoo:
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MY LAWYER WANTS US TO SPEND OUR REFUND BEFORE WE FILE. SHE IS A TRUSTEE AS WELL, SO I AM CONFIDENT SHE KNOWS WHAT SHE IS DOING. SHE TOLD US TO PAY OFF EXCISE CAR TAXES, CATCH UP ON OUR CABLE BILL, ETC. WE CERTAINLY WILL NOT GO CRAZY AND BUY FOOLISH THINGS. SHE ALSO RECOMMENDED PUTTING MONEY INTO AN IRA, SO MAYBE THAT IS WHAT YOU SHOULD CONSIDER. I HAVE BEEN SO GOOD ABOUT MY SPEBDING HABITS LATELY AND NOW I HAVE TO USE ALL MY FUNDS. WE PALN ON FILING THE END OF JULY AND I ALSO PLAN TO HAVE PAID MY AUGUST RENT.
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It depends. If you have te room for to exempt the refunds then you can do that. If you don't exempt then the trustee will make you pay it back. I spent the state refund, federal refund, and the stimulus check. I filed pro se and forgot to exempt them. I had recipets for it all and the trustee said too bad, you need ot pay it all back, $2500 we were going to have to pay. Then I had $600 taken out of my checking acct by the trustee becaude I forgot to exempt that too. I finally went to see an attorney about it all and he ammended my filing to exempt it all. Now I don't have to pay the 2500 back. I may not see the 600 depending on how much it will cost to try to get it back. My point is, pro se is not easy, find a way to hire an attorney, it will save you a lot of headaches. There are exceptions but I sure wasn't one.Originally posted by sick of debt View PostMY LAWYER WANTS US TO SPEND OUR REFUND BEFORE WE FILE. SHE IS A TRUSTEE AS WELL, SO I AM CONFIDENT SHE KNOWS WHAT SHE IS DOING. SHE TOLD US TO PAY OFF EXCISE CAR TAXES, CATCH UP ON OUR CABLE BILL, ETC. WE CERTAINLY WILL NOT GO CRAZY AND BUY FOOLISH THINGS. SHE ALSO RECOMMENDED PUTTING MONEY INTO AN IRA, SO MAYBE THAT IS WHAT YOU SHOULD CONSIDER. I HAVE BEEN SO GOOD ABOUT MY SPEBDING HABITS LATELY AND NOW I HAVE TO USE ALL MY FUNDS. WE PALN ON FILING THE END OF JULY AND I ALSO PLAN TO HAVE PAID MY AUGUST RENT.
DBChapter 7 filed 3/31/08
341 5/12/08
Last day for objection 7/11/08
AUTOMATIC ORDER DISCHARGING DEBTOR 7/15/08 :yahoo::yahoo:
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