A kink in the Chapter 7 road?

[lostsoul23]

I checked Pacer today, and found that Capital One has filed a request for notice in my no asset, Ch 7 case. Capital One was listed for two credit cards and a car loan, and that car, I might add, has long since been repo'd and sold at auction. So, I fired off an email to the lawyer, and nearly had a heart attack when he replied to quickly. He says that the 'request for notice' is in case any assets are found, like a tax return, so they can file to take their "share" of it.

So, the questions becomes: the trustee told me at the 341 I could keep the tax refund. Now I can't? And I guess the OPERS that's rolling over to the IRA is still safe, right? I can't be forced to cash that out, can I? I fired this off in a reply email to the lawyer, but, I wanted to pick the minds of fellow forum members because I'm doubtful I'll get lucky enough to get a quick response twice from the lawyer.

[sunshine08]

Don't be so quick to jump the gun. You may still get to keep the taxes. Capital One is notorius for requesting notice. It could be they just wanted to be notified via mail vs Pacer, that is what they did with us. No big deal. (for us, except the extreme stress we had until we were told not to worry) How familiar is your attorney with your case off hand, he could have responded with a genereic answer. Has he even been notified by Capital One. They have a large firm of attorneys that handles all the bankruptcy cases.
Don't know if this has helped.. Have a little more patience.

[bkfiler]

notice is not pacer verses mail. they all have to be notified via mail.

notice is to make sure their attorney or a new attorney gets the mail too.

this notice stuff happens all the time. doesnt mean squat diddelly.

the case will proceeds the same now as it would have even if they didnt ask to append a new address onto the mails. trust me.

[Minnymouth]

Standard procedure on the notice to creditor that Capitol One requested. Thats done quite often.
The creditor wants to be notified of any petitions, assets etc that the Trustee should find.

You should be okay since the Trustee didn't ask for your refund or anything.

Bankrutpcy is nerve wrecking just try to be patient.

Let your attorney handle things, that's what you paid him for, just keep an eye on what he does.

[StaciMM]

They may have just been notifying the court of a new address/contact for information. This is not at all unusual, as some creditors have certain departments that handle BK cases and you would not have had that address for your petition.

If your case had been turned into an asset case, you would know.

[lostsoul23]

Quickie update -

I got a reply from my lawyer. :O

I reminded him that the trustee told me I could keep the tax return, and he said, "you should be fine then, don't worry." Needless to say, I've saved that email so when I get my return and it gets spent, if something comes out of it, I can at least have the "I was acting under the direction of counsel" speech.

Thanks all.

[bkfiler]

if you think thats gonna help you then dont hold your breadth hehe.

besdies, if the trustee didnt ask for it back then its prob not going to be asked for.

[sunshine08]

That is why I asked how familiar the attorney was with your case. He answered it generically, that is why you got such a quick answer.
Only word of advise is to be careful how you spend the refund, save the receipts. But you should be in the clear.

[lostsoul23]

That is why I asked how familiar the attorney was with your case. He answered it generically, that is why you got such a quick answer.
Only word of advise is to be careful how you spend the refund, save the receipts. But you should be in the clear.

Yeah, I'm thinking that is the best bet. I was going to use the refund as a down payment on a car, but I lost my job on the 17th so that's out. I'm hoping to get the refund quick, (of course I haven't even gotten my W-2 yet), because otherwise I'm gonna be homeless on the 10th.

As far as the other funds go, the retirement account, it's rolling over, and I'm not touching it until I have the "discharge" paper in my grubby little hands.

You guys rock.

[bkfiler]

i wouldnt touch it ever after that. its too easy to not find another job if you use that. you might regret it later. i did very much and still do to even this exact day.

[CindyLou]

if he said you could keep it its exempt and they can't take it anyway. plus its gone so they can't take it . the notice is routine. don't worry.