debtor's Chapter 7 trustee wants assets....bad petition p=
Posted: Mon Jul 15, 2013 11:00 pm
charsetndows-1252
Are you sure the case is closed? Discharge doesn't result in closing a Chapter 7 unless trustee files a "no distribution report". And trustee can't sell the house unless the case is open or reopened.
If the debtor is entitled to a homestead or other exemption on the home, you can amend the exemptions at any time if the case is open, and you can reopen the case to amend the exemptions i.e. to "afford relief to the debtor".
If there is too much equity and the case should have been filed as a 13, you can convert the case at any time as a matter of right 706(a).
Jason
Jason Wallach
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Avenue, Suite 300
Marina del Rey CA 90292
(310) 821-9000
www.gladstonemichel.com
jwallach@gladstonemichel.com
On Jul 15, 2013, at 7:36 PM, Attorneychristine wrote:
Already got a discharge.
Sent from my iPad
Christine Wilton
12650 Hoover Street
Garden Grove, CA 92841
Tel: 877-631-2220
Blog: www.losangelesbankruptcylawmonitor.com
On Jul 15, 2013, at 1:42 PM, "Leventhal Law Group, P.C." wrote:
>
>
> Maybe convert to a 13?
>
> Jonathan D. Leventhal, Esq.
> Leventhal Law Group, P. C.
> 818.347.5800
>
>
> ----- Original Message -----
> To: "cdcbaa@yahoogroups.com"
> Sent: 07/15/2013 1:28 PM
> Subject: [cdcbaa] debtor's Chapter 7 trustee wants assets....bad petition preparer
>
>
>
> Debtor hired bad petition preparer who failed to properly exempt debtor's home. Now, after 341 and Discharge, trustee is coming after the house.
>
> Can I simply move to reopen the case solely to amend schedules? Any other possible fixes here?
>
> Thanks
>
> --
> Christine A. Wilton, Esq.
> Law Office of Christine A. Wilton
>
> Our New Office Location:
> 12650 Hoover Street
> Garden Grove, CA 92841
>
> Mailing:
> 4067 Hardwick Street, Suite 335
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>
> Office: 877-631-2220
> Cell: 562-824-7563
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> Email: attorneychristine@gmail.com
> Web: www.attorneychristine.com
> Blog: www.losangelesbankruptcylawmonitor.com
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charsetndows-1252
Are you sure the case is closed? Discharge doesn't result in closing a Chapter 7 unless trustee files a "no distribution report". And trustee can't sell the house unless the case is open or reopened.If the debtor is entitled to a homestead or other exemption on the home, you can amend the exemptions at any time if the case is open, and you can reopen the case to amend the exemptions i.e. to "afford relief to the debtor".If there is too much equity and the case should have been filed as a 13, you can convert the case at any time as a matter of right 706(a).Jason
Jason WallachGladstone Michel Weisberg Willner & Sloane, ALC4551 Glencoe Avenue, Suite 300Marina del Rey CA 90292(310) 821-9000www.gladstonemichel.com
On Jul 15, 2013, at 7:36 PM, Attorneychristine wrote:
Already got a discharge.Sent from my iPadChristine Wilton12650 Hoover StreetGarden Grove, CA 92841Tel: 877-631-2220Blog:
The post was migrated from Yahoo.