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Amending Chapter 7 for assets

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    Amending Chapter 7 for assets

    I am unable to get in touch with my attorney until Monday and quite frankly, my mind won't let me wait for an answer. Therefore, I was hoping someone who knows or has been through this can help me.

    I am 30 days into the "60 day club" (chapter 7). I joined a class action lawsuit about a year ago against the builders on my house. I haven't had to do anything for the lawsuit and consequently, I forgot about it. I did not list it on my schedules when I filed. I just received a letter from the class action attorney saying the case has settled and I should expect about $3500 from the builder in about 90 days.

    I e-mailed my bankruptcy attorney and he told me we should file an amendment. My bankruptcy attorney said to call him Monday as he will be unavailable by phone and e-mail until then. UGGGHHHH!!!!

    First question I have is does an asset amendment usually spark curiosity of the BK or US trustee where they will look into things further? I heard somewhere that the BK trustee may schedule another 341 meeting. Is this true? The BK trustee has already made this a no-asset case and submitted her report. Does this happen relatively often or is this a severe no-no?

    I don't mind giving up the money if I have to, however I don't want my discharge to be delayed because of this. Any thoughts or comments would be greatly appreciated.

    Thanks

    #2
    Do you have any exemptions for this money? Otherwise I would think the trustee would be more than happy to just take it....I wouldnt think that would delay anything for you tho, but thats just my opionion...

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      #3
      ummm.. u are aware that they charge if you are to amend it. something about 25 bucks or 30.
      anyway ofcourse if u are willing to give it up . they will more likely to not have any delay. but if u have interest with it, they might take longer than it should. but ofcourse it has to be amended before ur 60 days ASAP is better

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        #4
        I agree with ready, I'd look into "Exemptions" and hopefully you get to keep some of that green..

        Dang, that's not a bad amount..3 Class Actions I've ever had, got me about $1.25 for one, $0.65 for another and a FREE credit report for the third..

        The lawyers made millions, but let's not worry about that! I get a FREE CREDIT REPORT!!

        wooohoooo (Subdued sarcasm)

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          #5
          Thanks for all the replies. I would LOVE to keep the money, however if the trustee wants to fight about it, they can just have it as I don't want to delay my discharge more than I have to. My exemptions are all used up, so I don't have much argument at this point.

          Geneco, too funny That is about all I ever got as well. I know my (or the trustees) $3500 is measly compared to what the attorney is pocketing.

          I am just hoping amendments happen all the time and it is not something that delays things.

          Thanks for all the input.

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            #6
            Since you won't be receiving the $3500 until after you are closed, do you realy have to disclose it?
            Chapter 7 filed 10/21/2008
            341 - 11/26 went smooth NO ASSET
            Took 115 days after 341 - But Finally DISCHARGED 3/25/09

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