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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 02-23-2003, 03:44 PM
crane
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required schedules


What is the name of your state? new hampshire


if a business files for bankruptcy under chapter 7, but does not file the required schedules in a timely fashion, is there a precedence for overturning, or setting aside, the original bankruptcy filing?
  #2  
Old 02-24-2003, 09:16 AM
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Location: Nashville,TN
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A precedence ?? You can ask for an extension of time to file your schedules, but if you don't make that date, your case will be dismissed.
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Old 03-06-2003, 09:20 AM
crane
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Thanks for the response, but I guess I didn't frame the question properly.
I'm the creditor of someone who filed chapter 7. He did not (and still hasn't) revealed payments made and funds recieved in the 90 day prior to the filing. There's a gap of over two months between the last check that the reports shows he's written, and the date the business ceased operations. I'm confident he's hiding something and would like to get his filing dismissed for a reason I can't divulge.
What basis can I have to request the dismissal?
  #4  
Old 03-06-2003, 10:52 AM
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Location: Nashville,TN
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Ok, now I understand a bit better, thanks

If you want to challenge the discharge, you can do so either by going to his 341 meeting of creditors and present your case, or you can file the papers any time during the 60-day period after the 341 meeting has taken place, as that is what its for. If you can make your case with the Trustee, you may be able to prevail, but its up to the BK court and the Trustee to decide whether or not your objections are worth investigating. If he's hiding assets or working a fraud and they find it, his BK will not only be dismissed, the FBI could come knocking and he could be put in jail, as well as other sanctions, etc.
__________________
"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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