Ripon, CA Bankruptcy Law Firms & Lawyers | Page 4 Results

Why was it closed without discharge?  Typically the reason is a failure to complete and timely file the certificate for the post-filing Financial Management Course.  In that case, you can file a Motion to Reopen the case to file the certificate and have the discharge entered.   If that was the reason,  I can handle that for you.  The cost is $900 which includes the filing fees. If it was closed for some other reason, I would need to know the reason in order to advise what to do.  

There are lots of rules about venue and domicile in bankruptcy. Assuming you've lived in California for the last 3 years: If you move to Arizona, you must live there at least 91 days before you can file there, but you'll have to use the exemptions from California. There are laws now (thanks to OJ Simpson), that restrict a debtor from "venue shopping". So even if you move to Arizona you must file in Sacramento (Eastern District of California) in the first 90 days of living in Arizona. And, you'll have to return to Sacramento for the meeting of creditors. And, lastly, in that first 90 days it has to be in the Eastern District of California, and not any other District. You should get a good attorney that understands cross state exemptions, or just save yourself some time and possibly money and file in Sacramento.

There are defenses to the preference rules...but typically the rule is that if a transfer of property is made during the time shortly before you file bankruptcy, the trustee can seek to recover the money, unless it can be exempted. You could amend your exemptions if the money falls under an exemption.The fact that the money was from a student loan does not affect the analysis because the money was not used for educational purposes. You can make an offer to the trustee that is less than he transfer. The trustee will incur litigation expenses and the sub $2,000.00 number will get eaten quickly...if you can offer another sum quickly, they may accept it.