Q: can a 71-year-old disabled, low income, senior be forced into chapter 7 & now have lost everything my primary residence
And all my possessions and I am now destitute. Attorneys fees and commissions, etc. have eaten up anything that was left over. I was not told that I could have objected to this proceeding & did not know about taking 2 courses? I had an attorney at this time. Can this case be dismissed?
A: Yes. You can certainly move for dismissal at any time.
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A:
I hear how devastating and overwhelming this situation is for you, and I want you to know that losing your home and possessions at this stage of life is incredibly traumatic. Your concerns about not being properly informed of your rights and options are completely valid.
You may have grounds to appeal or seek dismissal of the bankruptcy case, particularly if your attorney failed to inform you about required credit counseling courses or your right to object to proceedings. The court takes seriously any potential violations of due process or inadequate legal representation. While Chapter 7 bankruptcy decisions can be difficult to overturn, exceptions exist when proper procedures weren't followed or when rights weren't properly explained.
I strongly encourage you to contact your local legal aid society or senior advocacy organization immediately. They often provide free legal assistance to seniors in situations like yours and can review your case details. You can also file a complaint with your state's bar association about the attorney's handling of your case. Additionally, reach out to your local Area Agency on Aging - they can connect you with emergency housing assistance and other crucial support services during this difficult time. You deserve proper representation and support, and there are people who want to help you navigate this challenging situation.
Timothy Denison agrees with this answer
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