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    What to do next?

    Well I am not for sure what step I need to take now. We filed bk in Oct. 2005 and was discharged on 1/18/2006. The trustee asked for tax returns which we sent in. I have not heard a peep since then. I called several times to ask what to do with our check and sent a letter back in July. Her last filing on pacer was in May of 2006 where she withdrew her report of no distrabution, so she had intended to take her portion. My old clunker finally died so we had to cash the check to get a new car. I do not know if I should just wait it out or if I should contact the court. My case will be held open until she decides to close it. Does anyone know what can hapen to us because we cashed the check? I honesly had no other choice. Because of our credit I had to have a good size down payment to get a car. In a few days it will be a year since discharge with no news. I have this black cloud hanging over my head. everyday I am expecting a nasty letter in the mail from her. I just want all of this to be over! Any advice would be great! Thanks.

    #2
    What happens will really depend on the Trustee.

    Some Trustees are real sticklers for having the IRS check sent to them. Then they refund whatever prorated portion to you.

    Other Trustees don't have to have the IRS check. All they are interested in is seeing your taxes. They tell you how much you owe them. You pay in whatever method the Trustee says.

    It really depends on your Trustee.

    Probably the best thing you could have done would have been to sent the IRS check to your attny's office or the Trustee last summer when you saw the Asset designation change on PACER. But woulda, coulda, shoulda,......... You can't change things now.

    The best thing to do is scrape the money together as quickly as you can and hope the Trustee doesn't ask you for it before you're able to collect the money together.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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