Bankruptcy Procedure 2004 after discharge??

[corbas]

My bankruptcy was discharged at least 8 months ago and the other day I get a letter from my trustees lawyers saying I need to provide bank statements from January 2011 to September 2011 and asking for my non-filing spouse's address (separated). Can they ask for that? Do I still need to provide them with anything close to a year after it has been discharged? Or is this a "fishing" technique that I should just ignore? Thanks for any help.

[despritfreya]

We do not have enough info for a complete answer. If you were discharged 8 months ago you filed your Chapter 7 in 2010. A Trustee would not be asking for bank statements covering Jan - Sep 2011. My guess is he/she wants bank statements covering Jan - Sep 2010 and made a typo or your read it wrong. If it is not a typo and you did not read it wrong then something is going on.

Assuming the bank statements cover 2010. . .

Is this a fishing expedition. . . maybe. Can a Trustee do this so late in the game. . . yes.

If you filed in the Phoenix district, due to the delay, I'll bet dollars to donuts that the firm representing the Trustee has the initials "AS&B".

And. . . DO NOT IGNORE IT. You are not at the 1 year post discharge mark. If you fail to cooperate the Trustee can seek to revoke your discharge.

Des.

[justbroke]

The Trustee must see something interesting. Just cooperate. First, contact your attorney and ask how to proceed. You will need to cooperate though. Your attorney may be able to get to the bottom of the inquiry. It doesn't actually seek a Debtor's Exam, does it?

[Judeebubzee]

I thought after discharge we are free and clear. Apparently that isn't the case. That's really crappy if I have to keep worrying about my case being re-opened or having to provide information/statements loooooong after my case is closed. When in the hell do we ever get to "move on?"

[justbroke]

Your case can be re-opened for "cause" by the Trustee or a creditor within one-year of the case closing. Just because the Trustee is interested in something, doesn't mean that you don't have the documentation that would satisfy the Trustee's curiosity.

To tell you the truth, in many of these cases, the Trustee learns of impropriety (or hidden assets) from family and friends. Did you and your spouse file together? It may be something simple like an income tax refund that the trustee was expecting. (I'm not suggesting that your estranged spouse had anything to do with this, but the Trustees don't just randomly start re-opening cases.)

Just simply cooperate with the inquiry.