QUESTION

I was ill advised to file a chapter 7 to prolong tenancy in an unlawful detainer and wish to dismiss the bankruptcy. The trustee saw I have and asset

Asked on Apr 22nd, 2016 on Bankruptcy - California
More details to this question:
and took possession of it and yet I dont have creditors with the exception of the Landlord who I was never in the rears.
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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If you don't have any creditors then the Trustee would have no interest in doing anything with your assets. You say you weren't in arrears on your rent payments.  If so, why is the landlord seeking to evict you?  You can try to file a motion to dismiss your case, but a precondition of doing so will likely be that you intend to pay your creditors (i.e. your landlord) outside of your bankruptcy case.  Assuming the landlord doesn't oppose it, you should be able to dismiss your case.  It depends on the Judge in your case. Make sure you hire an experienced bankruptcy attorney to review your case and handle the Motion to Dismiss so you don't make things worse. 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. CONTACT MARK for more information or to schedule an appointment.   
Answered on Apr 23rd, 2016 at 4:16 PM

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