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    Question regarding case

    Hello all,

    I'm hoping you can help put my mine at ease and shed some light on a question I have.

    I am a week away from my discharge date and had the 341 meeting two months ago. However, at the meeting, the trustee stated that I would need to send my tax return to him and then I received a letter in the mail stating that if if I did not, the discharge would be revoked.

    I was unemployed for several months prior to filing but was able to find a job before filing - however, it was not enough to keep me afloat and I ultimately decided I needed to file for BK after fighting with large amounts of CC debt for most of my adult life. I am looking forward to my fresh start, but am worried about everything related to my case.

    The 6 month snapshot that occurs before the date of filing showed that I qualified for chapter 7 and no issues arose at the 341 meeting. However, I am afraid that I will be over the means on my tax return that I submit to the trustee in February and that this will cause the trustee to investigate further and potentially file a request to revoke my discharge. I work in a commission job that also pays hourly. I was honest with my pay at the 341 meeting but due to people quitting at my work place, I have been given more hours (not requested), and we've been busier than usual due to the holidays which has reflected in my commission.

    I'm estimating that come tax season, I will be about 6k over the median for my state and the trustee will see I made a lot more than originally anticipated at the 341.

    Am I worrying for nothing or is there reason for concern?

    Thanks in advance!

    #2
    Hrm...No input? Was hoping Justbroke would chime in. Oh well. Thanks anyways, folks! Wish yall the best

    Comment


      #3
      I'm here. Just catching up. Very busy opening another store. I'll update shortly.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.

      Comment


        #4
        Originally posted by shaggy1 View Post
        I am a week away from my discharge date and had the 341 meeting two months ago. However, at the meeting, the trustee stated that I would need to send my tax return to him and then I received a letter in the mail stating that if if I did not, the discharge would be revoked.
        You will still receive your discharge after the discharge date passes. You have nothing else to worry about. Being over-the-median is never a show stopper for receiving a Chapter 7 discharge. I was many times over the median income. Your discharge is coming.

        The Trustee just wants your refund. Your discharge will be given, but the Trustee will wait until April/May of next year for you to file and obtain your anticipated tax refund. If you don't turnover that tax refund to the Trustee, the Trustee will ask the court to revoke your discharge.

        So, just make sure you give the Trustee your refund (at least the parts that are non-exempt).
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.

        Comment


          #5
          Thank you very much, Justbroke. I appreciate you taking the time to respond and also for your reassurances.

          That is exactly what the Trustee's letter said. He sent me and my lawyer a letter stating that he wanted the tax refund and that if we did not send it to him by a certain time, he would submit a request for the revoking of the discharge. He said not to cash or use the refund for anything without first sending it to him.

          Thanks again!

          Comment


            #6
            Happy Thanksgiving shaggy1
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            I am not an attorney. Any advice provided is not legal advice.

            Comment


              #7
              Originally posted by justbroke View Post
              Happy Thanksgiving shaggy1
              Thank you, and likewise!

              Comment


                #8
                Update on my case:

                Pacer was updated with a 'Trustee's Notice of Assets & Request for Notice to Creditors' and was changed from No Asset to Asset.

                This isn't a surprise to me because the trustee informed us at the 341 and afterwards that they wanted us to send them our tax refund. Additionally, there were preferential payments made to creditors prior to filing that they informed my lawyer that they were going after. I am assuming that the trustee has received those funds back from the creditors and is now seeking claims to distribute.

                My question is does this impact the date of the issuance of the discharge?

                I'm am under the impression that this is the administrative portion of the case and is separate from the discharge which should still come once the court clerks process the paperwork? Or am I mistaken?

                Comment


                  #9
                  Originally posted by shaggy1 View Post
                  My question is does this impact the date of the issuance of the discharge?
                  Nothing impacts the discharge date except for the Trustee or United States Trustee (UST) filing a motion to condition, limit, or deny the discharge. I 100% believe that you have none of those issues and that you'll receive your discharge sometime (soon) after your 60 days have elapsed.

                  Originally posted by Carmella View Post
                  I'm am under the impression that this is the administrative portion of the case and is separate from the discharge which should still come once the court clerks process the paperwork? Or am I mistaken?
                  Yes, the administration of the case has to do with dealing with assets and liquidating the estate. The discharge is a separate process and generally comes without much fanfare, 60 days after the first scheduled 341 Meeting of Creditors.

                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  I am not an attorney. Any advice provided is not legal advice.

                  Comment


                    #10
                    Originally posted by justbroke View Post
                    Nothing impacts the discharge date except for the Trustee or United States Trustee (UST) filing a motion to condition, limit, or deny the discharge. I 100% believe that you have none of those issues and that you'll receive your discharge sometime (soon) after your 60 days have elapsed.

                    Yes, the administration of the case has to do with dealing with assets and liquidating the estate. The discharge is a separate process and generally comes without much fanfare, 60 days after the first scheduled 341 Meeting of Creditors.
                    Good morning, Justbroke! Thanks for the reply

                    Yeah, that's what I figured. The 60 days from the 341 has already passed and I am just waiting for the 'Waiting for Discharge' to change on the Pacer site. I figure the courts are backed up and it's also the holidays so delays are expected. I will wait 10 days or so then give the court a call if Pacer hasn't changed the status just to see if there is anything holding up the case.

                    Thanks again and Happy Thanksgiving all!

                    Comment

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