Is your Bk automatically dismissed if... I need HELP with this!

[busbis]

I explained to our attorney that we my husband and I were involved in a lawsuit which we were trying to get some deposits back from real estate investments. We are not suing to recover any additional money, but to get a portion of our deposit money back (not even a 100%). Our attorney said don't worry about it so we didn't. When asked the question at the 341 meeting if we were involved in a lawsuit to recover any money, we answered "no" because we were under the impression that since our atty said don't worry about it we assumed that the questioned meant to sue for money for damages and recover that way. My question is will we automatically be dismissed if one of the lenders found out about this lawsuit. We truly were not trying to hide anything, and our plan is at 100% on a chp 13, so its not like they would've taken the assets.

Any suggestions on what to do now? Please help!

[woeisme]

At 100% payback, it's very unlikely your creditors are going to object to your 13, regardless of what they find out. And since you can't be assured of winning the lawsuit, and it's to get back a deposit, I think you'll be fine, I'd just notify the trustee if you do win and get some of your $ back. At 100% payback, I don't see it having any impact whatsoever. I'm sure that's what your attorney is thinking too.

[busbis]

my confirmation hearing was put off by a month and I found out today because I have friends that work at the credit union that is a creditor that is included, they have been pulling cancelled checks from the last year that I have made to this atty. It doesn't make sense to me as to why anyone would fight it since everyone is at 100% payback. I have left messages with my attorney so I can have him amend the statement as I am involved in a lawsuit. I just don't want anything coming back stating I lied under oath and my bankruptc getting dismissed. I'm so ready to get a year down the road and have this part of the bankruptcy behind me.