I have filed a motion to sell property free and clear of all liens and received an objection (creditor 1) because I did not receive a discharge yet. I still have an open adversary complaint pending (creditor 2) and afterward I planned to close the case. My BK attorney took my last $10K. I am now broke and the attorney has withdrawn. I did not realize my attorney did not file for a discharge. All unsecured debtors have been paid in full. Creditor 1 has been paid mortgage payment as per cram down every month. Should I withdraw my motion to sell, should I file a motion to discharge debt? Can I do that w/o closing my case? When I discharge debt, does that remove automatic stay? What does that do to my pending adversary complaint against creditor 2 that I am trying to obtain amendment of my plan per 1127 (e) due to a fraudulent appraisal and also have the adversary complaint against creditor 2. I am willing to pay for this advice, but only want an attorney experienced in Chapter 11 that has these answers for me. I do not have funds to hire another Ch 11 attorney, but I am desperate - I need advice and will pay thru AVVO or some other method.
So, you spent all your money on an attorney who wasn't much help after all, and now you want someone here to help you on the cheap? My guess is that your liquid funds are gone, but you still have plenty of assets or you would have converted to Chapter 7. Without even knowing more, I don't see it going well on the path you are on. You need to use the AVVO "find a lawyer" tool and make an appointment to see a bankruptcy attorney who understands Chapter 11's.
The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action.
You have too many questions to be answered here. Like it or not you will need to find another attorney...many offer free consultations. Good Luck!
I am a Massachusetts licensed Attorney. These answers are for informational purposes only.
You are involved in a very complex Chapter 11 situation, and you will not find any answers on this site to help you deal with such a complex situation. All of the creditors have representation, and you should get counsel now. Chapter 11 cases are expensive, and you should have known that prior to the filing of your case. Get a lawyer, or your case may end up being converted to a Chapter 7 liquidation.
My answers to questions posed on this site is no substitute for obtaining legal advice from competent local counsel.
Rex can do it. I can do it. There are a few attorneys in this District with that level of expertise. Find one.
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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