Legal Question in Bankruptcy in New York

canceling chapter 7 proceeding

i mistakenly prepared a pro se chapter 7 filing online. They made an error regarding a property listed as exempt . the trustee at the 341 meeting gave me a month extension to seek counsul after informing me of the error. I have a motion in to see a judge in two weeks pleading to cancel all proceedings with the idea that I proceeded with innaccurate information that I trusted as true. ( a chapter 13 will not apply since my total income for the year is $10,000 on $40,000 debt. Isn't this similar to self-incrimination in a way ? Will they have sympathy for poor judgement on my part . Can I appeal if they do not dismiss the proceedings.????? The person who I have been living with will no longer support me . Technically .....I am homeless as of a week ago . The inherited property will have to become my primary residence now. I know how it looks........but if true .... they can't take away what would now be my only legal property can they ?


Asked on 6/23/08, 1:34 am

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: canceling chapter 7 proceeding

HIRE A LAWYER. NOW. You need one. Badly. If you cannot afford one, call your county's Legal Aid office TODAY and see if you qualify for their (free or low-cost and really excellent) help. DO NOT PROCRASTINATE ON THIS: IT IS VERY VERY IMPORTANT!!!!!!!!!!!!!!!!!!!

The 2005 Bankruptcy Abuse Prevention Act prevents the Trustee from having pity on a poor pro se who simply makes a mistake. If the motion to dismiss goes through, you will NOT be able to re-file your petition.

Self-incrimination applies only in criminal proceedings; bankruptcy is a civil proceeding. You filed an erroneous bankruptcy petition and the Trustee has been very generous in giving you the month to seek counsel; s/he did not have to do that. HIRE THE LAWYER. NOW. TODAY.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 6/23/08, 10:20 am


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