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    Another question on discharge

    My 60 day to dispute discharge is 12/27. But there's a stipulation for my taxes, which means the case technically stays open until I file taxes next year (which I wil do ASAP). My question is, will this give more time for a US Trustee to pick through if he wants? Can he? Or do you think my case would just go into a "wait" pile, so to speak. For the past 50 or so days I have just tried not to think about anything. Now I'm starting to think, again.

    #2
    You've passed the deadline for him to object to your exemptions (its 30 days after 341) but the trustee can come back later and question your expenses/income. I don't know if they can do that after 60 days though.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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      #3
      Technically his case is discharged, but still open due to the income tax issue. This is probably the only thing the Trustee will pursue.

      Also, remember, even though your case is "closed", the Trustee has one year in which he can reopen your case if he petitions the court to do so. So if you inherit a bunch of money, the Trustee will be BACK............. in full force to get some or all of it.....

      Basically, most people are thru after discharge...... and closing...
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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        #4
        You guys are so helpful. Thanks for helping me put my mind to rest. Minny, no inheritance I know of coming my way. Too bad for me, and the trustee!

        BTW, I've decided to use the cc for Christmas, but keep it light.

        Thanks for your help, guys.

        Comment


          #5
          Re-Opening a case..

          Discharged 11/23/05

          Case Closed 12/7/05

          I understand my case is closed, but I know the trustee can re-open for 1 yr. As such, I'm curious as to whether or not my case would be reopened for filing my tax return? No mention of taxes ever came up, but are the trustees some how alerted as to how much of a refund I get and subsequently reopen cases?

          err... am I just being paranoid??

          Comment


            #6
            2us-

            Most likely, if the trustee was interested in your refund you would have known and he wouldn't have closed your case. Since you were discharged in November, I'm assuming you filed in August or sooner so the trustee only could have taken a little over 1/2 of any income tax paid in-at most.
            Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

            Comment

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