To all you potential bk filers I want you to understand that filing bankruptcy is a very serious thing. Once the case is filed (especially if you file a Chapter 7), you are not getting out of the case if assets are found. There are very few “do-overs” and your realization that you “made a mistake”...

I don’t see a big issue.

1. If the Clerk of the Court truly made a mistake by entering the Chapter 7 Discharge after your case was converted the Judge can simply vacate the "in error" filing.

2. My guess is that you were fighting with the Trustee relative to certain...

Welcome to bkforum. Many will post in support of your situation as you are not alone.

While I realize this is easy to write and tough to take in, your situation is not a disaster. The decision to file bk is no different than any business decision. Once you recognize that this is strictly...

karna68

Unless the Order Confirming provides otherwise (rare), unsecured creditors get paid last - the pecking order:

*Trustee fee
*Priority Domestic Support (some jurisdictions don't follow this and pay debtor's counsel first)
*Debtor's attny fees
*Mortgage...

Unsecured creditors are last in the pecking order. Nothing for you to worry about.

Des.

With the exception of a few comments (most notably - a Trustee does not dismiss/deny a case - a judge does that & our President has not personally filed bk - he authorized the filing of around 30 bks for his many entities), the depiction is pretty accurate when the bk is "high profile"....

If your ability to make the monthly Plan payment has been impaired then a Modified Plan reducing the payment may be the way to go. It depends upon the overall Plan funding that must be met.

Keep us posted.

Des....

There is no way anyone not familiar with your case could answer your questions. The continued hearing may or may not have been cancelled. You may or may not have to attend.

Call your attny tomorrow morning since, other than the Trustee, he/she is the only one who knows the answers to...

Trevor,

I can't remember but I think you have a Confirmed Plan. Unless the Order Confirming requires you to file amended Schedule I and J when there is a significant change in your income and/or expenses, in AZ moving is typically not a big deal. What is a big deal is making sure the...

You are most likely correct. The case will probably remain open until the AP is concluded, at least at the bankruptcy court level.

Des....

I am glad to read that you obtained your Discharge. Congratulations.

I need to caution you - as I am sure you attny has done.

Your discharge has nothing to do with your Trustee or whether or not you get to keep any non-exempt assets. Until those non-exempt assets are abandoned...

Income received in the same month as you file is not calculated for means testing purposes.

The question is whether or not you receive and properly spend the funds before filing or, if not, whether the funds (or wages due) can be exempt. Discuss with your attny.

Des.

Welcome to the Forum.

Unfortunately, there is no way for us to know exactly why such has happened in your case. Typically, a Trustee hires an attny if there is an asset that he or she thinks might need additional assistance to recover and/or sell. Attnys are also hired if the debtor operates...

If you manage to pay 100% of all allowed claims in less than the intended Plan duration your case will be over and a discharge will be entered. So. . . yes it is possible.

Des.

With all due respect, the above is a dangerous road to travel and conjuring up excuses for the transfer could land one in jail.

youmanyo

While the Statement of Financial affairs requires disclosures of transfers within 2 years prior to filing, most, if not all, State fraudulent...

What a utility company can and cannot do is a bit more complicated than what bcohen has alluded to.

The Utility's bankruptcy rights are stated in 11 U.S.C. 366.

If the delinquent debtor does not give adequate assurance of future payment within 20 days of the filing date,...

The Trustee's administration of your case has nothing to do with the entry of your discharge. So long as no one has filed either a Complaint to deny you a discharge or a Motion to extend the corresponding deadline and you have taken the second class with the Certificate filed with the court, you will...

The Trustee is advising creditors that there may (or may not) be assets in your case and is telling them to file a Proof of Claim by a date certain. While this is the process used if a Trustee thinks there will be a dividend paid to creditors it does not necessarily mean that, in the end, there will...

It means that your Trustee is advising your creditors that he/she either has or expects to have funds he/she can pay to them. Maybe a tax refund you are turning over. Maybe some non-exempt asset the Trustee is selling or you are buying back. Maybe something else.

If creditors want to...

As you already know, if more than 50% of your debt is not "consumer" in nature you do not have to "qualify" to file a Chapter 7. Means testing is not applicable.

Assuming you are not a "consumer filer", your case is not going to be forced into a Chapter 13....