Re: Bankruptcy Denial? (Whychat? LadynRed?)

Posted by LadynRed (68.52.95.139) on May 12, 2003 at 21:03:33:

In Reply to: Bankruptcy Denial? (Whychat? LadynRed?) posted by Walt on May 12, 2003 at 18:24:15:

Section 707 is Dismissal. Surely there was some explanation. What did the Trustee say to you at the meeting. What questions were asked ??

If the Trustee is going to file a motion for Dismissal, you have be given a reason and you DO have the right to appeal that motion.

Below is a link to Section 707 of the BK code.

However, it was 727, that is DISCHARGE, so you'd best find out EXACTLY what the Trustee said. If he/she IS going for 707, then, as WhyChat, said, go get yourself a bankruptcy lawyer NOW!

Grounds for dismissal:
"(a)
The court may dismiss a case under this chapter only after notice and a hearing and only for cause, including -

(1)
unreasonable delay by the debtor that is prejudicial to creditors;

(2)
nonpayment of any fees or charges required under chapter 123 of title 28; and

(3)
failure of the debtor in a voluntary case to file, within fifteen days or such additional time as the court may allow after the filing of the petition commencing such case, the information required by paragraph (1) of section 521, but only on a motion by the United States trustee.

(b)
After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, but not at the request or suggestion of any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts if it finds that the granting of relief would be a substantial abuse of the provisions of this chapter. "

Doubling up on your totals wouldn't be considered substantial abuse, at least I don't think so.

You need to get the facts, ASAP.

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