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Chapter 7 Nightmare Trustee asking Family for Money

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    Chapter 7 Nightmare Trustee asking Family for Money

    ok quick question. We went to a meeting of our creditors a couple of weeks ago. My husband and his brother started their own construction company a few years ago (in south florida) Guess why I am in CH7. ANyway, their father (who is also a builder) gave them some start up money , very legal, (attorney /CPA paperwork) my husband has been paying him back quarterly for a couple of years since the start of the company.
    So one of the payments was made last August when all of our bills were on time and the trustee sent his dad a letter asking for the money back. At the same time We also paid off lots of credit cards, car loan , and medical bills. We were going through our emergency funds , working OT, to try not to be in CH7. Will she ask for money back from the hospital,cc, and Honda? I don't think so ! So we are talking about 12k here. Now we have had our CPA prepare our 2009 taxes because we have had about a 150k loss and overpaid our taxes by 13k (I think she is going to try to freeze this) She asked for a copy of the 2009 tax return at 341 meeting. We have only filed the extension.
    Thats 25k to creditors...pretty much all the credit cards we had filed on. Plus we are going to have to pay his dad back again. We are wondering if we should ask for a dismissal? We still have a 250k Mortgage outstanding that will go into foreclosure that also has PMI. We are in Florida.

    #2
    The Trustee is asking for the payment you made to your FIL because that is an insider payment made within 12 months of the filing date. The tax overpayment is easy pickings too for the Trustee.

    Didn't your attorney tell you about the insider payment before you filed?

    If you ask for the dismissal, the Ch 7 filing still shows on your credit report. Do what is best for you long term (either dismiss or continue to discharge). You can repay your FIL after your discharge if that helps. Also you might consider working out a payment plan with the Trustee in lieu of your FIL paying the Trustee.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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      #3
      Actually forgot about the payment to FIL's Co because it was so long ago.
      Do you know how they disperse funds to creditors. Will they pay some creditors in full if they can?

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        #4
        Hi!
        we are in a similar situations may I ask......did the trustee ask for ALL money you paid your dad back OR just the payment from august? thank you for you reply

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