Can a creditor file a 707b with out an attorney?

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I am a creditor of a Chapter 7 filing. They have over $1.2 million in assets which are mostly secured. Their debt is a $200 k mortgage which they pulled 1 month before filing and a $130 k in student loans for their 2 adult children. I am a creditor becuase I have a Fraud/Neglegent suit against them in another state for 3 years prior to them filing. The wife is 56 and was making over $120 k/yr at her job. She retires early, takes out $40 k from her IRA and stays unemployed for 5 months and 3 wks. Enough to make the CMI 6 months. She then starts working making more than the state median income. They were forced to re-file under 707b by the Trustee but my lawyer bailed on me last minute saying he doesn't want to file 707b. Can I get them dismissed without him? Please help. -Ed

Attorney Answer

1
Brett Elam ·
As long as you are a party in interest, you can file it. IF the motion is filed on your behalf as an individual, not a corporation. What party was listed as a creditor? If it was you individvually, you can file the 707(b).
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