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    Divorce settlement question

    I filed on Mar. 19 and received my discharge July 14. My case has not yet closed as it is an asset case and I'm still waiting on the panel trustee to administer the assets, etc......... During the bankruptcy process, I've also been going through the separation and divorce settlement negotiation process. As of right now, we don't have a settlement agreement, but I'm starting to think we will soon. It's *possible* that in the final agreement, I may agree to pay her a little more per month in exchange for receiving a lump sum from her out of assets that are currently in her name.

    My question is, if we strike an agreement, say, after Sept. 19 (180 days after filing), and I do, in fact, receive a lump sum as part of that agreement, am I endangering my case in any way? This isn't some subterfuge where I'm purposefully putting off a settlement until after the 180 days (we've been separated and negotiating for 3 long years), but I guess I'd be concerned that the trustee might think that's the case and make an issue out of it......although there's no real reason for him to think that, given the circumstances.

    Also, is there a reason to wait until the actual closing of the bankruptcy? I can't really think of one, since the discharge is in hand and we're just dealing with bankruptcy estate assets (which the settlement $ would not be a part of) at this point.....any thoughts?

    #2
    Well if the settlement is PART of the payout, your case will not close until all is done. I was discharged (see signature) and it took a year for close as well as payment of Trustee for preferential payments. Also if anything looks out of order they have the ability to reopen a questionable case, but yours looks upright as you told it. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      hope

      Hi billycool,

      Doesn't sound like your life is complicated enough, start a business and sue someone......HA!

      I just wanted to say that I hope everything gets resolved and you can get on with life. Good luck with everything!

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

      Comment

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