Can they REOPEN my case?

[jessegirl]

Hi Everyone,

Heres my question:

If someone is discharged but NOT closed, does that mean that they can reopen your case whenever they want?

Reason I ask is because, I am going to be getting a bonus in Jan 2010 and I am worried that they can ask for that money if my case is not closed. I discharged in April 2009. Reason why they did not close my case is because they are investigation a creditor.

Thanks Jessegirl.

[ForumReader]

Hi Everyone,

Heres my question:

If someone is discharged but NOT closed, does that mean that they can reopen your case whenever they want?

Reason I ask is because, I am going to be getting a bonus in Jan 2010 and I am worried that they can ask for that money if my case is not closed. I discharged in April 2009. Reason why they did not close my case is because they are investigation a creditor.

Thanks Jessegirl.

Who is investigating a creditor? Is it the trustee?

[Kingxray]

Hey jessegirl! It is nice to hear from you. I have been wondering how your case turned out, but it sounds like you were discharged-yahoo!

As for your question, I know that they can reopen the case if it is not closed but I'm not sure of the particulars regarding that. I know someone on this forum will be able to help answer this for you. I don't think I would worry about the bonus. Your debts have been discharged so I wouldn't think they would still be looking for assets, but again I'm not sure. Good luck and keep us posted.

BTW: Our case is still ongoing the second time around and another 707 filed, so here we go again. Again, nice to hear from you. Take care.

[music12]

a case that has not been closed is open, so talking about reopening it really doesn't make sense!

you were discharged in april '09. they cannot touch anything you earn after you have filed, let alone after you were discharged. the bonus is yours, not to worry!

[broken64]

What about a tax refund for 09, discharged 6/28/09 still not closed.

[backtoschool]

What about a tax refund for 09, discharged 6/28/09 still not closed.

They are just keeping your case open until they get the tax refund, but your debts are discharged and unless massive fraud is brought to the attention of the trustee, (which I am sure it won't be ) your case will not be revisited. Keeping the case open for the tax refund is an administrative matter.

[aljohnson007]

From your discharge date, it would appear you filed in Feb-March so I don't believe the TT could take a 09 tax refund past the filing date. My case was different as I filed TBE so any refund is exempt. Try calling the Clerk assigned to your case and just ask what is the hold up. Best wishes.

[broken64]

Thanks, I had to leave a message because of Columbus Day. Our 08 refund was exempted, nothing was mentioned about 09. Lawyer office said we were discharged already and nothing to worry about. I don't know what they would apply any money of a tax refund for 09 to because it was all discharged already. Just wish they would close it and be done with it.

[music12]

you can also change your exemptions so that you won't get a refund in 09. but in any event, i think there is no way they will take it.

[broken64]

Closed!!!!

Just wanted to update, thanks aljohnson007, because of ur advice of calling the clerks office we are now CLOSED:-D She just called me, apologized to me for the length of time it took, (we were discharged 6/28/2009), and stated she has closed our case I know that the discharge is the big thing, but seeing it is closed is just as exciting. So if u are like I was and are discharged but still not closed and it has been a lengthy time just put in a quick call. Thanks again..Broken

[jessegirl]

Hey jessegirl! It is nice to hear from you. I have been wondering how your case turned out, but it sounds like you were discharged-yahoo!

As for your question, I know that they can reopen the case if it is not closed but I'm not sure of the particulars regarding that. I know someone on this forum will be able to help answer this for you. I don't think I would worry about the bonus. Your debts have been discharged so I wouldn't think they would still be looking for assets, but again I'm not sure. Good luck and keep us posted.

BTW: Our case is still ongoing the second time around and another 707 filed, so here we go again. Again, nice to hear from you. Take care.

You have got to be kidding me. ANOTHER 707??? Wow, I am sorry! It sucks. I truly wish you the best of luck. Why do you have to go for a second 707?

[jessegirl]

Who is investigating a creditor? Is it the trustee?

The trustee is investigating a creditor. They have been giving extensions to the trustee over and over and over again. I was discharged in April 09. Still not closed and still investigating. My case has been going since Sept 08. Its now Oct 09. 13 months.....Comeon.

[Kingxray]

You have got to be kidding me. ANOTHER 707??? Wow, I am sorry! It sucks. I truly wish you the best of luck. Why do you have to go for a second 707?

We let our first case get dismissed and then redid our numbers and refiled at the advice of the UST. At our second 341 my dad's lawyer showed up again and went the UST to put up a stink, which apparently worked. The UST filed a motioin to dismiss under 707. This time we are going to fight it or try to make a deal with the UST. Our first telephoe hearing is at the end of this month.

We filed Sept of 08 also. It is now Oct. 09 and we aren't even close to being discharged. I know how you feel, but at least you're discharged. I am hoping there is a discharge is somewhere in our future.

I have been thinking about you. Hopefully you'll close soon. I wouldn't worry about it. Get on with your new life!