Legal Question in Bankruptcy in New Jersey

What is a "notice of hearing on motion to dismiss case?"


Asked on 3/20/12, 7:24 am

1 Answer from Attorneys

Michael Duffy Duffy Law, LLC

Hi there,

The trustee probably needs more information or is questioning something in your filing. You must respond to the trustee's requests and prove to his or her satisfaction the merits of your request. If the trustee remains unsatisfied, there will be a motion hearing before the bankruptcy judge. The judge may agree with the trustee that a discharge is not appropriate based on your filings and dismiss your case. If that were to happen you would have to wait eight years before attempting to file again for Chapter 7 bankruptcy. Your debts would not be discharged. The automatic stay would be lifted and creditors would have every legal recourse to attempt to collect on debts owed during that time, including placing liens on your assets, accounts, as well as seizing and auctioning property.

It sounds like you're attempting to file without legal representation. This is a significant reason to retain a bankruptcy attorney - preventing such issues, and addressing them if they occur. Best of luck.

Regards,

Michael J. Duffy

Duffy Law, LLC

1-888-414-5773

www.mduffylaw.com

[email protected]

Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances.

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Answered on 3/20/12, 7:42 am


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