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

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

Posted

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.

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Asker

Posted

the purpose of my post's is to decide how i will proceed with input from a variety of attorney's from this site. so your advice to go hire a good lawyer is obvious. Do you think may intention was to hire bad lawyers? I had different lawyers for each segment. The first attorney, advised me that i could change the name slightly, WRONG! The second attorney was hired to analyze the contract and advised me they breached it. After applying for a trademark for my new version of a similar name in the proper class, a was approved by the USPTO and then sued and lost because of inadequate representation. appealed with a better lawyer and lost due to the third lawyers mistake. So please, advise me on what a good lawyer is and how do I measure this, because i can't.

Jonathan Stone

Jonathan Stone

Posted

You cannot and should not decide anything based on the responses from us attorneys. We simply have no paperwork in front of us. Even if we did, not all of us are from your jurisdiction. We can only provide the most general of information. That is also why most of us attorneys state that you should seek out local counsel. At least here in New Jersey, I customize my litigation strategy based on which judge is hearing the case.

Posted

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 licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.

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Posted

i have nothing!!! shes just objecting to the discharge so the 1.2 mil can haunt me for 20 yrs. sounds a little suspicious doesn't it??

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Did you have a corporation or were you operating as a sole proprietorship. If operating as a corporation, you could avail your business of Chapter 11 protection. If you are a sole proprietor, then the $1.2 million judgment exceeds the limits of debts allowed under Chapter 7. Search for a competent BK lawyer in your area and get guidance right away.

Asker

Posted

thats another issue, competence, my point of this site is to obtain direction to guide me. I started as chpt 13 and converted due to objection by the 1.2 mil creditor. wasn't given any other option. you say 1.2 exceeds chapt 7 limit? haven't heard that. how can 11 help?

Kevin Christopher Gleason

Kevin Christopher Gleason

Posted

You need to get help. You cannot expect this forum to provide a comprehensive solution. The complaint filed by the Trustee has specific allegations of what you supposedly did wrong. You need to bring that to an experienced bankruptcy litigator in your area for review. This is important enough to borrow from friends and familiy for your defense.

Jonathan Stone

Jonathan Stone

Posted

For starters, ask your family for $30,000.00 minimum. Often, litigation costs tens of thousands. There are no debt limits in a chapter 7. There are debt limits in a chapter 13. The other attorney misspoke.

Posted

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. Do not act on this information without engaging my services, this is for consideration only.

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Asker

Posted

heres another problem. I consulted with a few attorneys, and part of the reason i'm in this mess is because of all the different answers i got. it would be nice if the law was B&W. what I discovered is he who has the best lawyer wins. The trustee filed an objection to a discharge, theres no assets and thier not doing it for monetary gain because there is none. so we can't quite figure out why they filed this especially after 6 months. in theory isn't it the same dismissal or denial of discharge? I can't understand why a trustee would do such a thing. I've never made anything close to that kind of money and never will, so why would an officer of the court do such a thing. Keep in mind this judgment was awarded as a result of continuing to use a business name that i purchased from my ex partners after only 6 months. 1.2 mil fine for a hair nail salon!

Posted

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!

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Posted

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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Asker

Posted

i'm not shopping, I've selected my attorney. Lets see I spent over $70,000. Yes your right, trustees rarely do this and have nothing to gain, so whats your theory? I do have a vindictive creditor, my ex parter

John Christopher Crowder

John Christopher Crowder

Posted

If you have bankruptcy counsel it is not the place of other attorney to question their theory on a forum page where we have no access to the pleadings. If you have doubts regarding how they are handling your case I suggest you meet with another bankruptcy attorney to review the pleadings. To me it makes no sense for a trustee to object to your discharge unless they think your hiding something. Even the most aggressive trustees in the Middle District do not take this tactic on behalf of a creditor.

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