Won Lottery Want To Dismiss

[StaciMM]

Honestly-if BK assets are discovered after filing, you probably won't be able to get the case dismissed. About the only loophole (since the 341 is over) would be if you were making installment payments on the filing fee and didn't make the last ones you owed. Default dismissal...

The following thought process is based on the theory of assets being discovered in the bankruptcy estate:
If you request a dismissal due to having the ability to pay, the trustee would be giving up a paycheck to allow you to do it. What I don't know is if he has a maximum fee, etc. that he can charge. Creditors of course, can only be paid at 100% maximum. I'm pretty certain that the trustee can bill your estate for the time he has to put into dealing with your creditors, and technically he could make that lag on if he wanted to. He is normally entitled to a certain % of assets found, though I don't know if there is a cap. I would imagine so, but it isn't often that someone who files BK would be discovered having enough assets to pay off their debts in full.

Getting an attorney is a good idea-because I believe that if someone comes into money after filing, and it was in no way related to something from before filing, then it is NOT part of the BK. In other words, winning at gambling after filing is post BK assets. Buying a lotto ticket, filing BK, scratching it off to realize you are a winner-in that order-is pre BK assets.

[JimH]

Well said Staci. Your info is helpful to others that will for sure read this. Good that you post in "light" of what others say.

[Kam]

Okay, so you "posted on this board because you all have helped me out," then was it necessary to post under a new name? Don't you think we would be excited for you if we knew who you really were? We are here to help/support/guide peeps and I would love to celebrate your windfall, but you are posting under a new name, which raises suspicions.


"I have nothing to prove to any of you. I thought you guys where more respectful then that? oh well... guess I was wrong, guess you guys don't care. I was in the same situation you whre in."

You *were* in the same situation we were in? You are still in bankruptcy. You are still in the same situation as most people on this forum. Winning all of that money does not change the fact you are still in the middle of bankruptcy. You still have to wait out the sixty days. You can't buy yourself out of the bankruptcy. The BK will remain on your credit report whether you get it dismissed or go through with it.

I guess you could file to have your bankruptcy dismissed (can he Staci? Minny?), and then the creditors would come after you with a vengence, because your winnings would no longer be protected by the bk. The reason why your windfall would be protected is that you earned it after you filed BK, however you will lose that protection if you get your case dismissed. Once your local newspapers report about your windfall, the creditors will come after you for their share of your golden pot.

Now, also keep in mind that the IRS will take it's cut, 10% I believe. If you have to pay state taxes, they will also get their cut. Don't forget you have to declare all these winnings too, because the IRS will be watching you like a hawk.

Now you are right, you don't have to care what people think about you. You are entitled to your opinions, just like we are. Speaking our opinions is not speaking negatively towards you.

[JimH]

Doesn't anyone find it a little strange that "scammer" stopped posting only a little over an hour before "LuckyMeLucky" came on board?

[HRx]

Well the person who started this thread has a different IP address than Scammer. As a matter of fact all thier registration info is different...

I can see that everyone here has been severely scarred by lightening! lol Give it some time folks....everything will be fine! I'm gonna close this thread because there doesnt seem to be any benefit to it being open to posting.

If anyone has issues with my decision, just PM me.