Delaware Bankruptcy Legal Questions

It is not very clear what you mean by taken off your bankruptcy. If you are referring to an asset or assets that you disclosed in your property schedules when you filed your case, then yes, you can file amended schedules to make corrections. In fact, if you become aware of errors in your documents you are obligated to file amended documents to correct for those errors. Don't forget that you are signing under penalty of perjury that everything is true and correct to the best of your knowledge.... Read More

Yes, you can convert to a Chapter 13 any time and protect your assets, assuming you are eligible for Chapter 13 and can propose a feasible repayment plan, and your case has not been previously converted. Chapter 13 has debt limitations of $360,475 for unsecured debt and $1,081,400 for secured debt. You would have to propose a plan that repays over time at least as much as your creditors would get in a Chapter 7 case. There are other requirements for chapter 13 as well which you should discuss with an experienced bankruptcy attorney in your area. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

You can't cancel any bankruptcy case.  You can, however, dismiss a Chapter 13 case--in most instances--at any time.  Doing so will remove the protection of the automatic stay and allow your creditors to continue collection efforts.  This of course includes any lenders foreclosing on your property.   Without knowing all the facts and circumstances surrounding your case, including your assets, debts, income and expenses it's impossible to advise whether a Chapter 7 would be a preferable option for you.   Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

The trustee has broad powers under the bankruptcy code. These include to power to sue. You should seek counsel to help you defend (if you feel it is worth it) against his claim. It would probably be less expensive to pay him. You could litigate it and then possibly lose. On the other hand, he could be bluffing, but I wouldn't rely on that. Ultimately, it's your call. Good Luck.... Read More

You should apply with the court to have you appointed as counsel for the matter, and specify the terms of your employment. If the Judge approves a per centage contingency fee, you will be paid that amount before the client's portion is paid to the client or the bankruptcy estate. Your client's portion may belong to the estate and creditors, although some tort recoveries are exempt depending on the facts.... Read More