Sate FL
One of my creditors rec'd my 2004 tax refund after I filed Chapter 7 Pro Se. I sent a notice to this creditor (military exchange store equivalent to department store unsecured debt), Department of Treasury and IRS that I filed. The Department of Treasury told me that they could not accept my notice because it did not have the official court seal. I followed up and provided them with a copy from PACER which has the seal and trustee info. The creditor replied via email if the offset was received it would be returned to me since they had coded my file with the BK.
I recently received an email from the creditor after I inquired about the status of my refund. The email stated that they were requesting a lift of the stay through the US Trustee and not the Florida trustee of my case. They told me they were going through the US trustee because they are a government agency. Can they do this before the 341? Should I file a motion of contempt? The creditor is stating that there are different rules for offsets. I can not find these rules nor did they cite any. Is anyone familiar with these rules?
My 341 is on Monday and I have listed the tax refund as an asset I am suppose to receive. Will I have to amend my petition? or just let the trustee know what is going on? I am printing the email as documentation if he needs it.
Most of this tax refund is Earned Income Credit, which I believe is exempt from what I have read in the bankruptcy code.
Any feedback is appreciated.
PS. The creditor had already charged off the debt 4 years ago if that makes any difference.
One of my creditors rec'd my 2004 tax refund after I filed Chapter 7 Pro Se. I sent a notice to this creditor (military exchange store equivalent to department store unsecured debt), Department of Treasury and IRS that I filed. The Department of Treasury told me that they could not accept my notice because it did not have the official court seal. I followed up and provided them with a copy from PACER which has the seal and trustee info. The creditor replied via email if the offset was received it would be returned to me since they had coded my file with the BK.
I recently received an email from the creditor after I inquired about the status of my refund. The email stated that they were requesting a lift of the stay through the US Trustee and not the Florida trustee of my case. They told me they were going through the US trustee because they are a government agency. Can they do this before the 341? Should I file a motion of contempt? The creditor is stating that there are different rules for offsets. I can not find these rules nor did they cite any. Is anyone familiar with these rules?
My 341 is on Monday and I have listed the tax refund as an asset I am suppose to receive. Will I have to amend my petition? or just let the trustee know what is going on? I am printing the email as documentation if he needs it.
Most of this tax refund is Earned Income Credit, which I believe is exempt from what I have read in the bankruptcy code.
Any feedback is appreciated.
PS. The creditor had already charged off the debt 4 years ago if that makes any difference.
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