Q: I filed for bankruptcy, Chapter 7. I thought I was on my house title a few days before my court date so I freaked out.
I called my trustee and he put a notice to dismiss case with a new court date. I now just found out I AM NOT on the title to house and want a discharge instead of a dismissal. What do I need to do? My trustee is not willing to help me.
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A:
In this situation, you should take the following steps to try to resolve the issue and obtain a discharge:
1. Contact your bankruptcy attorney: If you have an attorney representing you in your Chapter 7 case, inform them about the situation and your desire to proceed with the discharge instead of dismissal. Your attorney can help you navigate the process and communicate with the trustee on your behalf.
2. File a motion to withdraw the notice of dismissal: If you filed the notice of dismissal yourself, you might need to file a motion to withdraw the notice and request that the court proceed with your Chapter 7 case. Your attorney can assist you with this process.
3. Attend the new court date: Even if you are seeking to withdraw the notice of dismissal, it is important to attend the new court date. You or your attorney can explain the situation to the court and request that the case proceed as originally planned.
4. Provide documentation: If necessary, be prepared to provide documentation to the court and the trustee showing that you are not on the title to the house. This will help demonstrate that the house is not part of your bankruptcy estate and should not affect your ability to obtain a discharge.
5. Consider seeking a new trustee: If your current trustee is unwilling to help you and is not fulfilling their duties, you may need to request a new trustee be appointed to your case. This is something your attorney can help you with.
If you do not have an attorney, it is highly recommended that you consult with one to help you navigate this situation and protect your rights throughout the bankruptcy process.
Timothy Denison agrees with this answer
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