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Legal options after 727 adversary proceeding

Gurnee, IL |

I had a chapter 7 BK in 2010 and my first trustee did not object and was scheduled for a discharge. Aproximately 6 months later a US trustee filed a 727 adversary complaint and a trial was held and my discharged dismissed. The judge is retiring next month and his judgment was to sign his name to the trustee's brief without any evaluation. What are my legal options? This is a public document that is slanderous and untrue. I am being advised to "let it go" and "it is hopeless". I want to appeal and correct this public record

Attorney Answers 4


  1. The fact that a judge is retiring has nothing to do with whether a ruling he made a year or two ago reamians. From what you are saying it sounds as though your discharge was revoked, not dismissed. It also sounds as though the time for appealing the outcome of your adversary complaint may have passed some time ago. There are very strict deadlines and reasons for appealing a judge's ruling. If you had an attorney representing you then you should contact him or her with your questions. If not, then you might consider consulting with a bankruptcy attorney regarding whether you have any recourse at this point or not.


  2. You lost the case and you (apparently) did not file a timely appeal, so the decision of the court is final.


  3. Absent additional or mitigating facts, I must completely concur with the other fine attorneys who have already posted regarding your question. While indeed such filings are a public record, unless you run for office or are in the public eye, chances are nobody will bother to even look at it. I would advise as the others have for you to contact your previous attorney who should have a much better grasp on the facts and circumstances of your situation but to focus on the here and now and move forward as best as you can.

    Good luck.

    This answer is marginal legal advice and does not constitute an attorney-client relationship. Every client and case is unique. The best advice is to always consult with an attorney. Free legal resources at www.ZippToCourt.com


  4. Too late to appeal and the order is final and valid. If the discharge was revoked or not entered then you lost the issue on the merits. The judge retiring has no bearing on the issue as the judge signed a valid legal order.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.