filed for motion to dismiss BK was denied, now what?

This is a question you should be asking your attorney.

I will assume the following:

1. You filed without an attorney - if correct this was your 1st mistake.

2. The Trustee found some asset that he wants to liquidate or something you did not disclose and then disposed of so he wants to be compensated.

3. You realized you have a problem with your Trustee and decided to file a Motion to Dismiss your case thinking that would solve the problem.

4. The Motion correctly was denied. You do not have a right to dismiss a Chapter 7 and I will bet the Trustee opposed the Motion since you owe the estate some $$ or the turnover of property.

5. Owing the estate $$ alone would not stop the entry of a discharge therefore either a) you have not filed your financial management certificate; b) the Trustee has filed several Motions to Extend the Deadline to file a 727 Complaint or; c) the Trustee has actually filed a Motion to Deny the Discharge under 727.

Having stated my assumptions. . .

Now you want to know if you can file another case or another Motion to Dismiss. The answer is "no". You need to settle with the Trustee so that you can get your Discharge and you probably need to hire a lawyer to discuss if you can convert your case to a Chapter 11 or 13 which is probably what you should have filed to begin with. No opinion as to whether or not attempting a conversion at this stage is possible but you should discuss it with an attorney.

WOW....we need someone like you here!!!

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Despritfreya, what is the other site you speak of? I may want to drop in and check it out. Don't worry just post it without the www and it won't be deleted.

In response to:

"I've tried numerous times to settle with the trustee but she wants all the money and I can't do that so what are my options?"

The 1st thing I must ask is "how much $$ are we talking about"? The 2nd thing is how did this come about - did you have $$ sitting in the bank on the day you filed or was it an asset that you sold or somehow got rid of?
Your Trustee does not have to settle with you.

There are ways to work out payments. The problem is that you probably have ticked her off. This is why you need to talk to an attorney. I have taken over many cases where the Trustee was "out for blood" and then have been able to calm him down and work out something that all were happy with. It is a matter of finesse.
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In response to:

Isn't that why you file bankruptcy? To not owe people money? I don't get that so if I can't get rid of my debts, why file bankruptcy?

Of course you file to get rid of debt. The problem is that you have to follow the rules. Unfortunately, without the assistance of counsel, you, as a consumer, either do not know or do not understand the rules.

For example, in my jurisdiction you are allowed to have a vehicle with a value of $5,000.00 (equity). If your vehicle is worth $6,000.00, the Trustee has the right to take the vehicle, give you your allowed exemption and keep the rest. If someone is attempting to get rid of $20,000.00 then losing $1,000.00 (non-exempt equity in the vehicle) is not a bad price to pay. It is all in the way you look at it. Paying a few bucks to get rid of many bucks is a good business decision.
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In response to:

Sadly I don't have the cash to hire an attorney, otherwise, 1. I'd likely not be here and 2. probably wouldn't have this headache (assuming I got a decent attorney who knew what they were doing).

This I have no answer to. It is tough when you can't afford legal assistance. All I can say is that most, if not all, consumer bk attnys give free initial consultations. You should at least talk to one or two or even three in your area to get ideas on how to proceed.

Best regards.

Des.

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[QUOTE=despritfreya;747921]In response to:
"I've tried numerous times to settle with the trustee but she wants all the money and I can't do that so what are my options?"
The 1st thing I must ask is "how much $$ are we talking about"? The 2nd thing is how did this come about - did you have $$ sitting in the bank on the day you filed or was it an asset that you sold or somehow got rid of?
Your Trustee does not have to settle with you.
There are ways to work out payments. The problem is that you probably have ticked her off. This is why you need to talk to an attorney. I have taken over many cases where the Trustee was "out for blood" and then have been able to calm him down and work out something that all were happy with. It is a matter of finesse.
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In response to:
Isn't that why you file bankruptcy? To not owe people money? I don't get that so if I can't get rid of my debts, why file bankruptcy?
Of course you file to get rid of debt. The problem is that you have to follow the rules. Unfortunately, without the assistance of counsel, you, as a consumer, either do not know or do not understand the rules.
For example, in my jurisdiction you are allowed to have a vehicle with a value of $5,000.00 (equity). If your vehicle is worth $6,000.00, the Trustee has the right to take the vehicle, give you your allowed exemption and keep the rest. If someone is attempting to get rid of $20,000.00 then losing $1,000.00 (non-exempt equity in the vehicle) is not a bad price to pay. It is all in the way you look at it. Paying a few bucks to get rid of many bucks is a good business decision.
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In response to:
Sadly I don't have the cash to hire an attorney, otherwise, 1. I'd likely not be here and 2. probably wouldn't have this headache (assuming I got a decent attorney who knew what they were doing).
This I have no answer to. It is tough when you can't afford legal assistance. All I can say is that most, if not all, consumer bk attnys give free initial consultations. You should at least talk to one or two or even three in your area to get ideas on how to proceed.
Best regards.
Des.[/QUOTE]

Thanks again for your great insight. The amount is $1200. I get paid on the first of the month and I had to file on the 7th because I was being sued, etc., etc, etc. Anyway, that was the amount in the account at the time even though there were outstanding checks that would've brought that amount way down. Of course they don't consider that part. It's only what part is in the account, regardless of whether you actually have it or not. So, I concede that I owe the $1200.

The problem I have is with the trustee. She said in April she was going to file a motion to settle . She never did. I never paid. Now, she has filed a motion to recover (or return or whatever the lingo is) basically asking the judge to get the money from me. I am going to submit an objection and as part of that, I am going to include the letter that she sent to me where she said she would send me a copy of the motion to settle by certified mail which she never did. It's not even on the courts website so I know she never did it. After I get a discharge, I am filing a complaint with the DoJ because I have been more than willing to work with her but she hasn't followed through on anything she's promised to me. I always have to find out things by going to the court's website. It is a huge mess, I realize this. Truthfully, I don't really care any more. I've tried to be responsible with this, even reaffirming my house and car but my trustee acts like I've got enough to cash to pay off everything. Since I get paid once a month, it looks like I have a ton of money at the beginning of the month but by the end of the month, I am scraping to get by which is why I can't just spend everything as soon as I get paid, otherwise, I'd be up a creek.

That, is the rest of the story.... ;-)

In response to:

"Truthfully, I don't really care any more."

Yes you do. You are talking about a $1,200.00 problem. This has been going on for what, 6 months. You could have been setting aside $100/month and you would be half way there. Stupid to throw in the towel over $1,200. Find a way to beg, borrow or ____ the funds. Hit up a family member or friend for a loan if all else fails.

Sounds like you have the makings of a "Compromise Settlement" for the $1,200.00. I will assume there were terms on how the $$ was to be paid over a relatively short period of time. There is no reason why this proposal cannot work now.

The Trustee filed a Motion to Compel Turnover instead of the Compromise Settlement. This matter should be settled, and probably can be settled based upon your prior understanding. On Monday get on the phone with her and work it out.

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