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    #1

    Tax Refund sent to Trustee the end of June...

    ...and I still have not heard anything from trustee in regards to closing my CH. 7 and/or seen any action on Pacer.

    Anyone that had to send in their refund for 2005 to close their case have anything to say about this?

    How long does it take once you've done what the trustee asks?

    Also, I had accompanied the refund check with my letter from IRS stating that I owed IRS for 2004...and that I would like the refund check applied to IRS ... still haven't heard anything in regards to that either...
    Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
    Who it was we were below, where we've been and where we go
    Tags: None
    #2
    We sent our refund in April and we haven't heard a damn thing yet. I'm getting impatient waiting for the closure of our case.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment

      #3
      What's taking so long???

      Everyday, my IRS bill goes up.....my lawyer said to still send refund to trustee even though he must send it to IRS...who knows?
      Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
      Who it was we were below, where we've been and where we go

      Comment

        #4
        Yeah, if they took your tax refund it won't close quickly. We sent ours to trustee in April. Case then got changed to asset case, and proof of claims were sent to all creditors. Gave them another three months to submit the proof of claims, being due on 8/1. Once the claims are paid and the trustee has entered his final report the case will close. Take a look on Pacer and you can see those creditors who have filed proof of claims and their final date to do so. Should give you some idea of when the case will close. Our attorney told us that this process can take another six months. Talk about being soo tired of the whole bk status ordeal!!

        Comment

          #5
          Originally posted by bkadv
          Yeah, if they took your tax refund it won't close quickly. We sent ours to trustee in April. Case then got changed to asset case, and proof of claims were sent to all creditors. Gave them another three months to submit the proof of claims, being due on 8/1. Once the claims are paid and the trustee has entered his final report the case will close. Take a look on Pacer and you can see those creditors who have filed proof of claims and their final date to do so. Should give you some idea of when the case will close. Our attorney told us that this process can take another six months. Talk about being soo tired of the whole bk status ordeal!!
          I thought the proof of claims were all in prior to my discharge. The trustee had said at the 341 that he wanted my 2005 tax refund. My case is presently listed as an asset case and I thought that was in re: to my refund being the only tangiblility. My vehicle has a lien on it and has not been mentioned. Now what?
          Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
          Who it was we were below, where we've been and where we go

          Comment

            #6
            I don't believe they usually issue the proof of claims until after the tax refund is taken. Anyway that's how it was in our case. Then the creditors have like three months to get their portion of the refund. If you look under the claims area in Pacer you can see wihich creditors have applied. I'm not sure about the lein on the vehicle. Did you reaffirm before discharge?

            Comment

              #7
              No action on pace

              Originally posted by bkadv
              I don't believe they usually issue the proof of claims until after the tax refund is taken. Anyway that's how it was in our case. Then the creditors have like three months to get their portion of the refund. If you look under the claims area in Pacer you can see wihich creditors have applied. I'm not sure about the lein on the vehicle. Did you reaffirm before discharge?

              I did not reaffirm on the car as the lien is a family lien (mother's name on title from October 2004).

              I had no creditor's file any claims prior to my discharge. There has currently been nothing happening on pacer for me since discharge.?????

              So, if no creditors want anything...will my refund go straight to IRS?
              Trustee had made the case an asset case at my 341 due to refund check...
              Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
              Who it was we were below, where we've been and where we go

              Comment

                #8
                IRS has "priority" interest..... more than likely they will receive all of your refund.......but creditors still have to be advised its there and file a claim should any be left over...... (lol, not with IRS around)....
                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.

                Comment

                  #9
                  Try contacting your Trustee and very politely asking his/her assistant (because it's likely this person is the one doing most the paperwork and definately the one answering telephone calls) what the status of your case is. Mention that you sent the refund as requested back in June and you were wondering if there was anything more that you needed to do. I did this and was relieved to find the assistant was friendly in kind, and she looked up my file and assured me that I had nothing else to do and all she had to do was file it. She did let me know I had about 90 people ahead of my file so it would take a month. At least you'll find out where you stand.

                  Comment

                    #10
                    Originally posted by newday
                    Try contacting your Trustee and very politely asking his/her assistant (because it's likely this person is the one doing most the paperwork and definately the one answering telephone calls) what the status of your case is. Mention that you sent the refund as requested back in June and you were wondering if there was anything more that you needed to do. I did this and was relieved to find the assistant was friendly in kind, and she looked up my file and assured me that I had nothing else to do and all she had to do was file it. She did let me know I had about 90 people ahead of my file so it would take a month. At least you'll find out where you stand.

                    Thank you! I'll try this
                    Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
                    Who it was we were below, where we've been and where we go

                    Comment

                      #11
                      Originally posted by AMISLANDER
                      Thank you! I'll try this
                      I put off calling for weeks and weeks because I was paranoid that me calling would somehow draw unwanted attention to my case or make me seem annoying to a spiteful trustee, but the truth is they are so loaded up with cases that it just takes time. I couldn't handle the curiosity any longer and figured I wanted to know either way what the heck was going on with my case. I hope you get to hear reassuring news!

                      Comment

                        #12
                        As long as your nice and present yourself asking if there's something that you need to or may have forgotten to do, you won't put anyone on the defensive. Don't be scared to find out your status, but make sure you're extra nice and play the game. Remember that even though your life is centered around your case, that they have hundreds to deal with and can easily be overwhelmed with their workload.
                        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                        Comment

                          #13
                          I really don't want to draw any attention....

                          I figure I'll give it a little while longer before I call...most likely like you both said...lots of cases ahead of me...
                          Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
                          Who it was we were below, where we've been and where we go

                          Comment

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