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Trustee Request to Dismiss
Hi Jim,
The order under #3 states:
3) Any discharge entered in this case is vacated.
Steve
Btw, I'm doing the Motion to Vacate under 9013. Any chance I can submit it with only an order? The clerk said I should lodge an order, but it seems premature under 9013 scream or die.
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Steven:
I see that the Order of Dismissal was entered by the clerk just a few hours after the Trustee filed the Request to Dismiss, so your only remedy would be a Motion to Vacate the Dismissal. But I also see that the discharge of your client was entered back in April. If the discharge is never vacated, does it matter if the case is dismissed?
Jim
James R. Selth
Certified Bankruptcy Specialist*
Weintraub & Selth, APC
11766 Wilshire Boulevard, Suite 1170
Los Angeles, California 90025
(310) 207-1494 Phone
(310) 442-0660 Fax
jim@wsrlaw.net
www.wsbankruptcylaw.com
[W&S_color]
*Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
Commissioner, Bankruptcy Law Advisory Commission, State Bar of California.
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I just received my first Trustee Motion to Dismiss for failure to attend 341A in 26 years of practice.
The Debtor attended almost a year ago and has been complying with copious document requests since then, but not actually attending the continuances as this appears to be standard practice with the Chapter 7 Trustee.
The document is one page and has no instructions on how to reply. It simply says:
I, the undersigned Trustee, certify under penalty of perjury that the debtor(s) failed to appear at Section 341(a) Meeting of Creditors and any continuances thereof. I further certify that I have notified the within debtor(s) of any continued/rescheduled Section 341(a) Meeting of Creditors and recommend that a dismissal order be initiated against: DEBTOR: Debtor Name
Has anyone ever dealt with this? I'd appreciate a pointer on the protocol. I assume I request a hearing on this similar to 9013 procedure.
Law Offices of Steven B. Lever
Steven B. Lever
* Tel. (562) 436-5456 ext. 1
* Fax (562) 485-6886
* sblever@leverlaw.com
www.leverlaw.com
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I just received my first Trustee Motion to Dismiss for failure to attend 341A in 26 years of practice.
The Debtor attended almost a year ago and has been complying with copious document requests since then, but not actually attending the continuances as this appears to be
standard practice with the Chapter 7 Trustee.
The document is one page and has no instructions on how to reply. It simply says:
I, the undersigned Trustee, certify under penalty of perjury that the debtor(s) failed to appear at Section 341(a) Meeting of Creditors and any continuances thereof.
I further certify that I have notified the within debtor(s) of any continued/rescheduled Section 341(a) Meeting of Creditors and recommend that a dismissal order be initiated against: DEBTOR: Debtor Name
Has anyone ever dealt with this? I’d appreciate a pointer on the protocol. I assume I request a hearing on this similar to 9013 procedure.
Law Offices of Steven B. Lever
Steven B. Lever
(
Tel. (562) 436-5456 ext. 1
(
Fax (562) 485-6886
*
sblever@leverlaw.com
www.leverlaw.com
******************************************************
This Internet e-mail contains confidential information
which is intended only for the addressee and which may
be privileged under applicable law. Do not read, copy
or disseminate it if you are not the addressee. If you
have received this message in error, please notify the
sender immediately and delete it. Thank you.
******************************************************
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