HELP BK took forever now I have issues.

[UsDeadPool]

Here is the short of it. About 3 years ago the company I was part owner in filed for chap 7. 2 and a half years later it was finally discharged. I went to the court house and got copy of the record paperwork and it was stated that "there are no assets to administer for the benefit of the creditors of this estate. The trustee received no fund or property of the estate and paid no monies on the account of the estate. Wherefore, the trustee prays that this report be approved and the trustee be discharged from office." That was entered 10/16/2007.

on 2/12/2008 Final report of trustee in no asset case filed by trustee was entered.

12/22/09 Bankruptcy case close - No Discharge

What the issue is now is that the trustee has stated to me that he is no longer responsible for the account and will not sign or authorized anything. With out that forum Wellsfargo will not release the account. To top it off the bank has been drawing a 10 dollar bill pay fee for the first 8 months of the BK and a $10 charger for a service fee for the entire time.

not only am I perplexed on how this is legal or ethical on the trustees part but I don't understand how an account that is locked for BK is being routinely debited by the bank.

Any advice or information would be a world of help.

[nc73]

I'm a bit confused here...must be because I'm getting old. If your account is getting drawn 10 dollars or whatever, why don't you just cancel the bank account?

[UsDeadPool]

According to wellsfargo the account is in a hard lock and I cannot access the account until the trustee fills out the paper work.

[nc73]

Couldn't the case be reopened or something? Or go see a lawyer.

[UsDeadPool]

I have contacted the attorney that we hired to do the Bk originally. He will be back in town monday. What mostly annoys me is the fact that none of it makes since. how can the account be locked but there is a monthly draw on it from the bank. How can the trustee declare he is no longer responsible and all I am left with is an account that is being bleed dry by the bank. What really sucks is if the case has to be reopened then I will be out the amount in the account anyways and I will have achieved nothing. Or I will not be able to afford the cost of the attorneys fees and I will be out the amount in the account anyways. So far it is a loose loose unless the attorney can do something that is either cheap or free that resolves the situation quickly.

[music12]

i'd be a lot more worried about the fact that you actually were NOT discharged. they closed the case without discharge - did you even notice that? your troubles are much bigger than $10 a month.

[UsDeadPool]

This is a problem. I am speaking to the attorney monday. guess that is one other thing to talk to him about.

[HHM]

This shouldn't be a surprise, you said the "company" filed for bankruptcy. Companies do not receive a discharge in chapter 7. The company is simply liquidated by the trustee and the case closes. The company ceases to exist.

As for the bank account, does it matter. If its was a business account, who cares. Just go open another account at a different bank.

[UsDeadPool]

As for the bank account, does it matter. If its was a business account, who cares. Just go open another account at a different bank.

The problem is that the account was not released. There are funds in it correct me if i'm wrong but doesn't it get released back to the debtor if the account is not emptied to creditors?

[HHM]

Correct, if trustee did not seize funds, it goes back to the company.

You will probably need to talk to someone specifically at Wells Fargo, ask for the bankruptcy department.

[UsDeadPool]

Correct, if trustee did not seize funds, it goes back to the company.

You will probably need to talk to someone specifically at Wells Fargo, as for the bankruptcy department.

I did that I was told that not only is there nothing they will do to help me they will not even send me the paperwork so I can either pass it off to my attorney ( asked if they would send it to him and they said no why would they want to do that) or deliver it to the trustee. At one point the girl I was talking to told asked me what I expected to get accomplished at 4:47 on a friday. So either she was being exceptionally rude or they just don't care about customer retention.