Can they force us into Chap 13?

[clarkmommy]

Here is our time line. Filed Chap 7 in Aug of last year. 341 in October, Discharged in December. They have kept around 2500 in our taxes. The affirmation on our house did not get done, however mortgage is current and Homecomings isn't at the moment giving us any difficulty. March 16th or 19th the trustee filed to have the claim the mortgage company's claim removed becuase she hasn't acquired the property in the process. We are currently waiting for their 30 days to pass to answer. In the letter we got from the trustee with that paper work, she said that after they responded she would file a plan of distribution and assuming their were no objections, they would then dispurse the $$ and we would be closed 30-60 days after that.

Now that you have background, Hubby just got a new job, which does equate into a decent pay raise. I have also gotten a raise at my job, so obviously finances are quite different then when we filed. Are we under any obligation to report the income increase even though we are discharged? Could they force us into a chapter 13?

Thanks in advance for any help you can give me.
Ruth

[bige1030]

They won't force you into a 13, since you're already discharged. The time for them to have done that was before the discharge.

[SinkingFast]

Nah! You're into "behind the scenes" Admin stuff now. The Trustee is dotting "i"s and crossing "t"s.

Since you had a tad bit of cash from your income tax refund, the Trustee will notify all Creditors there's money up for grabs. Those that want a share of Humble Pie will submit a claim.

Creditors will have 60 days, I think it is, to submit a Claim. Then the Trustee will decide who gets how much. The funds will be distributed. The Trustee will do a final accounting of your BK, and then your case will be Closed.