Notice of Need to File Proof of Claim Due to Recovery of Assets

[Ch7Lizzy]

I'm hoping someone can please help me with this, I am so confused as to why I received this paperwork. It states: "The initial notice in this case instructed creditors that it was not necessary to file a proof of claim. Since that notice was sent, assets have been recovered by the trustee."

Nothing has been recovered from me. I don't OWN ANYTHING! I'm a college student, I live with my parents, I don't even own a car. The debt that I filed Ch 7 on was almost entirely accumulated during a dissolved marriage in which I had to provide for the entire family on very little income. Mostly credit cards, one Dell computer and one medical bill.

Also included in the form for Proof of Claim was a court order granting the trustee in my case the authority to employ "such and such" lawfirm as counsel.

What is going on here?? All I was told was that I would receive my notice of discharge within 90 days of my 341 and that I needed to submit this years tax forms (when I complete them) to my lawyer.

Any advice or help would be appreciated. Thanks!

Liz
Discharged: 09/11/06

[Ch7Lizzy]

Can the dispursement from the remainder of the federal student aid be considered an asset? It's less than $140 and I need it to help pay for summer classes in order to get enough credits and stay eligible for the degree program I'm pursuing. I just received the check in the mail today and did not previously know how much was coming. I do not have my taxes done for this year, obviously. Is this letter just in anticipation of my tax return for this year as discussed in my 341 meeting?
I'm really confused. As head of household and a single parent on a small income, I get a couple thousand dollars back in refund. Every year I use my tax return to pay for annual necessary expenses for my son and myself, physicals, annual exams, contacts for the year, dental work or medical I've been puting off for lack of money and insurance, etc. The thing that ticks me off is that I am eligible to take like 7 exemptions but no way to put head of household on my payroll paper work, so there is absolutely no way for me to have the amount of taxes deducted be anywhere close to what I owe - hence the overage/refund every year. Now they are going to take it away from me, for what??

[SinkingFast]

That's probably it. Your income tax refund. Especially since it was discussed at the 341. The Trustee is now considering your income tax refund to be an asset that he/she is claiming for the BK Court.

Did you or your attny have an Exemption available to cover any refund you may get??

[bkadv]

Yes, this notice is exactly what we saw in Pacer once our case became an asset due to tax return being taken. Hopefully that should be it.