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    new to the forum

    I'm new to this forum and have a few questions for anyone who might help. I had a chapter 7 bankruptsy and it took about a year to go thru. Well on 10/12/06 i recieved a discharge. Well the trustee who got $8000 from me from my bank as assets to creditors,kept the money and i never received any info on who and where the money went to. We she thought about my bk and had to review my bk and had a judge set a date to for me to appear in court,she thinks i still have lots of money,assets. I don't and have proof.

    Well i went to a hearing they had set for me and it was scheduled for 11 am,i got there at 10:40 and the judge signed me off before i got to the courthouse and i lost by default and i had a complaint/suumons to me and today i had my bk revoked and i am screwed. My wife is on disability and i don't make alot of money at my job. I work around 30 hr/week.

    Can i get my money back from the bk trustee that she took for the creditors? It's $8000 and i could use it,but i know if get the money back the creditors will be hounding me by phone calls and letters. Any suggestions or help please. Thanks,lj

    #2
    LJ, I am really sorry that happened. I have no advice for you, I'm sorry, but welcome and good luck!
    Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

    Comment


      #3
      new to forum

      One thing i wanted to ask if i didn't say it clear,can a judge sign off on me to a hearing before i got there and i was early? Is this legal to do this and what can be done about this? I mean he signed off and i lost by default. lj

      Comment


        #4
        ljv, did you file your Ch 7 with a lawyer or on your own?

        Was your hearing moved to an earlier date or time and you weren't notified?
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          Sounds like you could fight this. This doesn't sound right by your details (you got their earlier than you were scheduled and the judge seemed to have written you off before your scheduled appt?), you probably just need to find and fill out the right paperwork, maybe you could have your case re-opened??? Gosh, I hope this works out for you!
          July 2006: Filed Ch13 :blink:
          Oct 2006: Converted to Ch7 :clapping:
          Jan 2007: DISCHARGED :clapping:
          Nov 2007: CLOSED :yahoo::yahoo::yahoo:

          Comment


            #6
            Originally posted by ljvideo View Post
            I'm new to this forum and have a few questions for anyone who might help. I had a chapter 7 bankruptsy and it took about a year to go thru. Well on 10/12/06 i recieved a discharge. Well the trustee who got $8000 from me from my bank as assets to creditors,kept the money and i never received any info on who and where the money went to. We she thought about my bk and had to review my bk and had a judge set a date to for me to appear in court,she thinks i still have lots of money,assets. I don't and have proof.

            Well i went to a hearing they had set for me and it was scheduled for 11 am,i got there at 10:40 and the judge signed me off before i got to the courthouse and i lost by default and i had a complaint/suumons to me and today i had my bk revoked and i am screwed. My wife is on disability and i don't make alot of money at my job. I work around 30 hr/week.

            Can i get my money back from the bk trustee that she took for the creditors? It's $8000 and i could use it,but i know if get the money back the creditors will be hounding me by phone calls and letters. Any suggestions or help please. Thanks,lj
            There is more here than meets the eye that you haven't explained. As someone asked, did you file yourself or did you have a lawyer represent you? Did you check in at the courthouse when you arrived and let the appropriate parties know you were there? There seems to be miscommunication as to your assets and your filing. If you filed by yourself, you will need to contact the Trustee's office to find out what you can or can't do from this point. If you hired an attorney, you will have to work through your attorney to get this straightened out. Hope you can get things worked out.
            _________________________________________
            Filed 5 Year Chapter 13: April 2002
            Early Buy-Out: April 2006
            Discharge: August 2006

            "A credit card is a snake in your pocket"

            Comment


              #7
              new to forum

              yes i filed chapter 7 and i had an attorney and a bk trustee. The trustee got $8000 from my bank account as a asset. Well in my hearing there only the trustee and my attorney. She was asking me questions and i was answering them. Well year later i was discharged. Then she thinks i am hiding a lot of assets and i have over $108,000 and such and i don't and i can prove this.

              So like i said there was a hearing set for last 10/29/07 at 11 am and i got there at 10:40 and the county clerk ask who i was and told my story,she had explained the judge signed off on me. So it open a case as the us trustee signed a summons/complaint against me for the following by the trustee thinking i have all these assets. So iget this letter yesterday and they revoked my discharge. So what can i do as we (my family) don't have very much. And i explained my wife is on disbility. so i can't find an attorney around that can help. I have to make a call this morning to find some help,unless anyone knows if any bk attorney can help me since my attorney won't help or return calls,

              sorry about this,lj

              Comment


                #8
                new to forum

                They (bk trustee) claim when filed my dad had a probate and left me $108,000 cash. Well when my dad passed away my mom,brother,and i ran the business and then when we split the 2 businessess. The checking account was around $39,000. Then we legally split checking account for the 2 businesses. So the most our side of the business had was $30,000 and that was it. So can the bank have records of when we had accounts there? I never got any $108,000 dollars. if i did i wouldn't had bk. lj

                Comment


                  #9
                  You need to find an attorney to help you with all of this asap. I would call and call and call til I got someone to help. Look in the metropolitan area's around where you live, even if you have to drive to get there. Bigger area's will have more attorney choices.

                  Comment


                    #10
                    new to forum

                    I am checking on that and this vol attorney group said no one would help. I wanted to know and if it sounds like a dumb question. If they revoke my bk can i get back the $8000 from the trustee if she had not spent any of the money or not? Since i got kinda got screwed do i get compensated from this? I know $8000 woudl be great for our family,but then all the creditors would be calling and the harrassment begins. lj

                    Comment


                      #11
                      new to forum

                      I got a call from the vol attorney and she talked to another attorney and they said since my dad passed away 8/1/02 three years before i filed,they said i didn't include my inheritance. They said i inherited $108,000 dollars,which was a total lie.

                      When we split the our 2 businesses in 2 seperate groups the original business had $38,000 in our checking and we agreed to split the money up. My brother.wife went one way and my mom & i stayed where we were at. So i found out that the bk trustee gets not only the $8000 but can come after more money from me because i didn't report the probate to them,which was a lie.

                      It seems the vol attorney said no one will help me in this case. Does this sound weird to anyone here. lj

                      Comment


                        #12
                        new to forum

                        my wife had a question since i filed for bk and we married like a month before i filed. Can bk come after her future inheritance from her mother? She was worried thinking we should get divorced then later ge-remarried later. Is this a problem? lj

                        Comment

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