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  1. #1
    Join Date
    Apr 2016
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    10

    Default Will a Trustee Dismiss a Chapter 7 Bankruptcy for Failure to Produce Documents

    My question involves bankruptcy in the state of: New Jersey

    I filed Chapter 7 in May of this year. At the 341 meeting, the Trustee asked me if I owned or rented and I told her I was living in my mother-in-law's house and paying taxes in lieu of rent. My mother-in-law passsed away in 2010 and my husband recently passed away in 2016. The Trustee then asked if my MIL had a will. My MIL allegedly had a will and my husband didn't. I've never seen the will, but I was told by my SIL the will stipulated that her mother's house be sold and the proceeds split between her and her two brothers, one of them my husband. When my MIL died, the house was never probated. Nevertheless, my Chapter 7 was discharged in August.

    The Trustee still wants to see my MIL's will. I explained to SIL everything, and at first she said she would have to look for it, but now she's now saying there is no will and the lawyer who handled her mother's estate has died. After doing research on my own, I found out the lawyer's son still has MIL's file but he won't release it without authorization from SIL, because she's the executrix. The lawyer handling my Chapter 7 says we should subpoena SIL for a deposition and force her to produce the will. He said otherwise the Trustee is going to dismiss my Chapter 7.

    My first question is, why can't my lawyer subpoena the lawyer who has the MIL's will? I didn't understand why he couldn't do that instead of trying to get it from my SIL, who I already told him was a high-strung, mentally unstable person.

    The other question, which I already suspect the answer to, is will the Trustee dismiss my Chapter 7 for not getting her the will?

  2. #2
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    Default Re: Will a Trustee Dismiss a Chapter 7 Bankruptcy for Lack of Information

    If the will was probated, and from what you have posted it is reasonable to infer that it was, get a copy from the probate court.

  3. #3
    Join Date
    Apr 2016
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    10

    Default Re: Will a Trustee Dismiss a Chapter 7 Bankruptcy for Lack of Information

    The will was never probated.

  4. #4
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Will a Trustee Dismiss a Chapter 7 Bankruptcy for Lack of Information

    Why isn't your attny working with your Trustee? The Trustee can subpoena anyone who may have information relating to a potential asset of the bk estate. As to the dismissal, while it is possible that the Trustee can file a Motion to Dismiss your case, he has no authority to dismiss it. That is up to the judge. Further, instead of filing a MTD the Trustee can file a Motion to Deny Discharge under 11 USC 727. Again, the outcome of that Motion is up to the judge.

    Your attny needs to be working with the Trustee.

    Des.

  5. #5
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    Default Re: Will a Trustee Dismiss a Chapter 7 Bankruptcy for Failure to Produce Documents

    Quote Quoting Grlwundr
    View Post
    ...the lawyer who handled her mother's estate... he won't release it without authorization from SIL, because she's the executrix....
    Unless there was a probate case, there is no executrix.

    If in fact no probate case was opened in surrogate's court, you can open an estate, serve notice on interested parties and have the court order your sister-in-law and her lawyer to produce the will.
    Quote Quoting NJSA Sec. 3B:3-29: Order to compel production of purported will
    The Superior Court shall have jurisdiction to compel discovery as to the existence or whereabouts of any paper purporting to be a will of any decedent who died a resident of the county, which has not been offered for probate, and to require the paper to be lodged with the surrogate of the county for probate.
    If you are of limited means, you can ask the court if there is a procedure to seek a waiver of the filing fee.

  6. #6
    Join Date
    Apr 2016
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    10

    Default Re: Will a Trustee Dismiss a Chapter 7 Bankruptcy for Failure to Produce Documents

    I just checked Pacer and for some reason the Trustee has now changed my Ch. 7 from a no asset to an asset case. The house was appraised at $144,000 and if the Trustee sold it, it would be split between SIL, my brother in law and my husband's three children. I don't understand why the Trustee feels I have assets. I'm making about $250 a week, and I drive a 17-year old car. If she sells this house, I won't have anywhere to live. I don't know what to do. I don't want to be homeless in the dead of winter. I filed the Ch. 7 voluntarily, can't I just say that I don't want to file anymore?

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