Can I withdraw from a chapter 7 due to numerous objections by the trustee and the main creditor.

Asked 9 months ago - Orlando, FL

i recently lost a lawsuit for 1.2 mil due to my negligence of not hiring a more adequate law firm. I tried to make up for it and hired the right attorney for an appeal and lost due to mistakes the first lawyer made.
I had no choice but to file Bankruptcy. I was compliant with every request from the trustee. She continued to pursuit my past by hiring an attorney. After six months of analyzing and finding my watch my be worth more then i thought, the trustee decided to sell my watch and then file a motion to object my bankruptcy on numerous issues from the main judgment creditor. I feel its incredibly bias and can't afford to go through an adversary hearing on three counts and then an addition one the creditor filed. Is it possible to get out of this no win situation by withdrawing?

Attorney answers (5)

  1. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . Your changes are slim to none - mostly none. If you could do that after facing an objection to discharge, the law would have no meaning. As stated in the responses to you earlier today, you need to hire a good lawyer to fight, or give up.

  2. Kevin Christopher Gleason

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . It is only a theoretical possibility, not probable. Now that the Trustee has you in her sights and has assets, you'd best raise as much money as you can and hire the best bankruptcy attorney in your area with experience in adversary proceedings related to discharge.

    Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney... more
  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You could try converting to a Chapter 11, since you are over the debt limit to be eligible for Chapter 13. I would urge you to find the most experienced and ethical Chapter 11 attorney available in your community for representation. Hope this perspective helps!

  4. Blake Owen Brewer

    Contributor Level 18

    5

    Lawyers agree

    Answered . I think your mistake was in filing the Chapter 7 bankruptcy without an attorney to review all of this prior. But, no, as my colleagues have posited, once you have thrown your body off the Chapter 7 cliff, you can't throw yourself back up.

    I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice.... more
  5. John Christopher Crowder

    Contributor Level 8

    3

    Lawyers agree

    Answered . You need to seek the advice of a competent bankruptcy attorney. Objections by the trustee should not threaten your discharge, and typically trustees don't object to discharges they object to exemptions you have applied to your property. It sounds like you really need to stop shopping for the lowest bidder and seek counsel that has the time to help you through the process.

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