UST filed another motion to extend deadline

[spydc]

No.. it isn't a fraud situation. The UST is just questioning the income because I got a new job shortly before filing. Makes it look like I make way too much money. My lawyer took too long to file. I made a mistake with this lawyer because i didn't know any better and a friend of mine used him to successfully complete a ch7. I kinda knew i was screwed when I saw him referring to some bankruptcy hand book a bunch of times. However, I remeber him distinctly saying that getting the ch7 dismissed would be bad because that means i wouldn't be able to have the debts discharged anymore. He said that's why it would be important to convert to ch 13 if the trustee forces me to.

[justbroke]

Once a case is dismissed without discharge, the creditors are free to start collecting again and all accrued interest and fees are added back in1

One last question. My lawyer mentioned that if my chapter 7 case is dismissed, the debt will then be forever marked as non-dischargeable so I wouldn't be able to file bankruptcy with the same debt again. Is this true?

The only way this happens is if there was FRAUD and the case was dismissed with prejudice. Otherwise, you could refile immediately and you could discharge the debt. It concerns me that you're asking and that your attorney presented it in such a way. Do you know if the UST is proceeding to dismiss based on actual fraud?

[spydc]

Hi Justbroke,

Thanks for the response. So you are saying if the case is dismissed, there is a high probability that the creditors will know and start coming after me again? Right now everything is listed as $0 balance and discharged.

As for the attorney, I just found out about an hour or so ago, so I haven't spoken to the attorney but I emailed him. I'm going to make sure he objects. I hope he does. He mentioned he would but I don't know.

One last question. My lawyer mentioned that if my chapter 7 case is dismissed, the debt will then be forever marked as non-dischargeable so I wouldn't be able to file bankruptcy with the same debt again. Is this true?

I just checked the documents they filed. It says they filed a motion to extend so they can review the documents I sent them back in January. So that means they didn't even bother to look at any of it. oh gosh. I hope my lawyer objects.

[justbroke]

If your case is dismissed there is a chance that a whole bunch of junk debt buyers (JDBs) will start listing COLLECTION accounts which are worse than having a 30-day or even 90-day late reported!

I would keep in touch with my attorney to make sure they are going to object. There is usually NO reason a UST should be able to extend discharge 120 days.

[spydc]

Hi Everyone. I originally posted about filing for CH7 near the end of September 2011 and everything was going well until the Office of the UST filed a motion to extend deadline near the 60 day mark. I was served a subpoena to submit a whole slew of documentation in which i provided. Fast forwad to today which is the new 60 day mark. and guess what? The UST filed another freaking motion to extend the motion to dismiss to June. WTF.. this is nuts. Very stressful experience. I don't know if they are playing with me or what? I sent them all the documentation well in advance of the new 60 day mark and they want another 60 days?!? They had my documentation since January. Why didn't they just force me to chapter 13 then or dismiss the case?

In any event, my lawyer told me after the first extension that if they filed a second motion to extend, that he would object to it. I'm not sure if he is going to or not. I haven't heard from him yet. Any chances that the objection will be sustained?

Another question.. I noticed that all my creditors listed in the bankruptcy case have already updated my credit report to show $0 balance and included in bankrupcty. My credit report looks as though everything was discharged. If my case gets dismissed, is there a chance I will fly under the radar and the creditors won't come back to harrass me? Or will they immediately know it was dismissed and try to come after me. I'm trying to weigh the pros and cons of converting to a chapter 13 if I am forced to. My lawyer mentioned that if the case is dimissed, the creditors may not even know because they may have written off already and archived it.

Thanks for any responses in advance.