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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 01-05-2006, 09:53 PM
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Join Date: Dec 2002
Location: Oregon
Posts: 74

Can I stop my Ch 7 BK?


What is the name of your state? OR

Filed for Ch7 in Septmeber and it is turning into a big cluster. Can I withdraw my petition? Is it easy? Do I need a special reason?
I think that I will do better doing negotiated settlements on my unsecured debt and just having them repo my truck.
Any help!
  #2  
Old 01-05-2006, 09:57 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Ok, suppose you tell us exactly what the clusterF is ??
Repo your truck ? You mean the Trustee wants it ?

Have you had your 341 meeting yet ??

If you have, you may not be able to get your case dismissed, its not that easy in a Ch 7.
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"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 01-05-2006, 10:08 PM
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Join Date: Dec 2002
Location: Oregon
Posts: 74

Yes


I have had amy 341 meeting.
I forgot to list a few items in my filing so now I have to have a hearing. The item was a drop ship website I ran that never panned out. They found it because I still had a bank account with its name that I used for ebay and paypal. It had about $2.00 in it.
They went to the website and because I was selling electronics items, they think I have a warehouse of equipment. It would be funny (who believes what they read on a website, anyway) if it was not happening to me.
I thought I felt stress when creditors were calling, that was nothing.
  #4  
Old 01-05-2006, 10:17 PM
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Join Date: Dec 2002
Location: Oregon
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I did not answer your ???


A cluster F*** was a term Clint Easywood used in Heartbreak Ridge to describe a, gennerally speaking, big mess.
I told the trustee I would keep the truck, but now I see I can not afford to. I would just send it back or let them repo it.
The trustee thinks there are assets enough for a Ch13. We could probably afford that, but we would be no worse/better off if we just did the negotitated debt reduction route. At least we will not have the governemnt in our lives.
  #5  
Old 01-05-2006, 11:02 PM
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Join Date: Feb 2002
Location: Nashville,TN
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Quote:
A cluster F*** was a term Clint Easywood used in Heartbreak Ridge to describe a, gennerally speaking, big mess.
LOL - oh, I already knew what you meant - saw Heartbreak Ridge What I was asking is - what about your bk is making it into a clusterF* ?

The alleged 'warehouse' would be fairly easy to prove does not exist - and never did. Not everyone understands the drop-ship kind of business that is prevalent in places like E-bay.

The assets enough for a 13 - that's a tough one, but not impossible to disprove. If your lawyer is any good, and if you don't have assets for a Ch 13, you should be able to show that what the Trustee is after doesn't exist.

Dismissing a Ch 7 after you've had the 341 is not easy at all. You might be better to let the Ch 13 go thru - then voluntarily dismiss but you really need to discuss that with your lawyer.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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