Can I appeal a Chapter 7 discharge?

[greatdeals]

What is the name of your state (only U.S. law)? CA


can I appeal a chapter 7 discharge? how much time do I have to respond?

my trustee has shown 0 interest in liquidating any assets despite all of my attempts to demonstrate the value. I understand the Chapter 7 trustee is a private attorney just filling the role of a trustee as a part time gig. Even so there should be some effort to liquidate assets and not just rubber stamp discharges all day long.

any advice?

[bigun]

Has the bk been offically closed? If not, is it listed as an asset case?
What is the nature of the asset and what is it worth? The asset may be exempt from creditor seizure or, the time and expense required to liquidate may make it not worth the effort.

[greatdeals]

I am a little shocked how easy it was for the debtor to manipulate the bankruptcy proceeding by a.) underreporting his income b.) undervaluing his assets c.) not listing all of his creditors

the means test and the requirement to attend credit counseling is a joke.

the case was submitted as a no asset case. how does someone file a no asset case with a warehouse stocked to the rim of electronic goods? how is the debtor allowed to keep 5 cars as exemptions?

with the economy in trouble why doesn't a chapter 7 trustee go in and liquidate? there are companies that will do all the heavy lifting, hold the auctions, collect the money and cut the trustee a check at the end of the day. isn't that better than just rubber stamping discharges?

[bigun]

Your best bet will be to contact a creditor rights attorney to advise you of the feasibility of trying to get the bk reopened.

[greatdeals]

creditors have rights? during the whole bankruptcy proceedings, creditors were treated like 3rd class citizens with no rights.