I received a notice from the trustee saying he wanted to claim my house, but abandon the rest of my property. My attorney said no to claiming the house. That was two weeks ago. Just received from the court the order of discharge. So is my case closed or can the trustee still take my house?
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can you check pacer??? this will give you more infoSuccess is reachable, stretch out your arm and grab it. -
you should ask your attorneySometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.Comment
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If you received an order of Discharge, your case is NOT closed.
Please see this thread that explains the difference between discharge and closing.
Sounds like there will be a fight over your house, and that fight can happen even though your BK is discharged since the fight is concerning property of the BK estate.Comment
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Generally about 5 percent of chapter 7 cases are asset cases.
Therefore in the five percent of these cases, administrative action of the part of the trustee is a little more involved.
It includes submitting a final report to the United States trustee office for their approval.
The final report includes: Form 1 (INDIVIDUAL ESTATE PROPERTY RECORD AND REPORT FOR ASSET CASES)
and Form 2 (CASH RECEIPTS AND DISBURSEMENTS RECORD)
These can be downloaded in PDF here:
They are self-explanatory once you look them over.
If the United States Trustee Office finds any errors, they will gripe about it to the Trustee.
Usually these forms are looked over by a "paralegal specialist" in the US trustee office. If it is a complex or high income case, a US trustee employed bankruptcy specialist, or BK attorney will peruse the documents.
Review by the US trustee office in a final report includes reviewing the debtors petition, statement of financial affairs, & schedules A,B,C,D and G.
They check to see if the case trustee made any errors.
If they approve it, they are the ones that file it with the court.
Then the trustee has to fill out his "TDR". (TRUSTEE'S DISTRIBUTION REPORT)
The US trustee Office has to approve that as well.........Comment
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