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Trustee took tax refund but no creditor claims

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    Trustee took tax refund but no creditor claims

    My case was discharged back at the end of March but the trustee did take my tax refund and put a notice out to my creditors that they have until May 15th to file claims. So far NONE of my creditors have filed claims, my question is what if no creditors file claims by the 15th? Will I get my tax refund back in full from the trustee? Theoretically it makes sense that I should since it is not the trustees money but I was curious to see what your opinions are.

    Thanks for any input..

    #2
    I don't know the answer but I can't wait to hear it And with the stimulus checks why are they taking those when I see a lot of CH 7's are no asset ?? That confuses me because who gets all the money then ?????

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      #3
      I would have thought they'd just divide it up somehow amongst the creditors that were listed. I like your way of thinking better, though.
      04/04/08- Notice of deficiency balance due from a repo. 04/18/08- Fico scores w/repo listed: EXP 624, TRAN 610, EQU 610. 04/19/08- Found this forum. 04/24/08- Retained attorney for a chapter 7, filing singly. 5/5/08- Turned in bk paperwork to atty. 5/27/08- Date set for reviewing paperwork.

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        #4
        I'm pretty sure they need to file a claim before they can receive a distribution.

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          #5
          I thought that if creditors didn't stake a claim, that the Trustee kept it all.
          Filed Ch 7: 12/27/07
          341: 2/6/08
          Discharged: 4/11/08
          Finally closing: ???

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            #6
            To make you all feel better, I have an AP against my BK without any debt, judgment, or other liens. If I only had your problems, I wouldn't be working towards becoming a practicing alcoholic. Something I'm not yet but may work towards that goal. This guy has a five year old civil suit almost two years fallow, until the bk. Then all hell is breaking loose. He is an old enemy of ours for some years and a millionaire. He can out spend me. He does not want my money, he wants me dead or in prison or both.
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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              #7
              If there are no files claimed against the estate then I do think the money is released to you. There might be a small fee the Trustee takes for managing it I'm not sure.
              May 31st, 2007: Petition Filed by my lawyer
              July 2nd, 2007: 341 Meeting Held
              September 4th, 2007: Discharged and Closed.

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