Personal Chapter 7 Dismissal or Closing

Asked over 2 years ago - North Las Vegas, NV

Have already articulated troubling issues with this, but coming up on two years on a no asset Personal Chapter 7. No POCs were ever filed and the trustee, a close, close friend of the law firm I had a three suit against, refuses any contact.

Can I "force" a dismissal, which I would want, for other reasons instead of a closing. If there in fact no POCs then why would the case not close.

Would I make this request to dismiss directly to the judge for my case, or to the main judge or go through the trustee I do not trust? And would, if I go directly to the judge, send the long version of why, of if there are no POCs, thus nothing keeping this from dismissal or closing, just pass that up and not get anyone upset with the why for?

Can this just be a letter, not a formal pleading?

Additional information

I think another Chicago-like "Operation Greylord", arresting 17 judges and 92 other officials is coming there soon, but I want to move out of the situation. I cannot find a "form" to use for the dismissal request so that was why should I just write the judge (which one) a letter request?

Attorney answers (3)

  1. Paula Brown Sinclair

    Contributor Level 20

    8

    Lawyers agree

    Answered . Please reconsider your possible strategies and retain a bankruptcy attorney with specific experience with the Trustee in question and in the court hearing your case. You cannot "force a dismissal" but you are about to do something foolish and regrettable. First of all, dismissal is not at all what you want. You want your case to be closed. Do not proceed without competent advice. If you think an attorney is expensive, just wait until you learn the cost of ignorance.

    Again, best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. John Addison Vos

    Contributor Level 15

    7

    Lawyers agree

    Answered . No, you can't get from here to there by sending a letter, not a formal pleading.
    Particularly if you think something nefarious is going on, why send a letter which can be 'lost'; better to file a motion to have something. And as counsel point out, you want closure not dismissal. And who says this case is a No Asset case? As pointed out, a competent attorney can guide and counsel you. I concur with the advise offered to you.

    This is general legal information, not intended to apply to your specific case. And I may not be licensed to... more
  3. Derek R. Caldwell

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . The only way to move this case along either toward closing of the case or toward a dismissal is to file a Motion either to dismiss your case or to force the trustee to abandon his interest in estate property. You really need to discuss your case with competent local counsel, even if it cost you some money.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more

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