Checked Docket, What does this mean?

[rimi2001]

Hello, back again.

Checked docket report today and something was entered by the Trustee. If anyone knows, what does this mean? Is this something requested by us?

Noted in Docket report notes yesterday: "Trustee's Notice of Assets & Request for Notice to Creditors of Change of Status Proofs of Claims due by 7/26/2006"


Noticed our NO ASSET case has been changed to an ASSET case. How do we find out what assets the trustee is talking about. We are really nervous now.

The trustee knew of a settlement that may come our way, but we never recieved it. Can she automatically request that from the attorney?

[rimi2001]

Forgot to state we did add a forgotten creditor recently. Would this have anything to do with this?

[bkadv]

It almost sounds more like they wanted your tax return. Did you have a request for it at your 341 meeting? If so then your case becomes an asset case, and creditors must submit proof of claim in order to get a percentage of the return.

[bkadv]

Also, if you look under docket report (Pacer) it will show what the Trustee may have an interest in such as tax return etc...

[rimi2001]

No, the trusteee wanted a medical settlement that may or may not be coming and an insurance claim for living expenses that was in the bank when we filed BK. the claim was for evacuating from the hurricane from one state to another. Yes, she said she was entitled. We used it to live on and catch up on bills when we came home. She never asked for income taxes, but did request tax forms.

The money was spent to live on. How will we pay her for this? What if they found more assets? Would we have to be warned of this first?

[bkadv]

I'm not sure if they maybe send the letters to your attorney? We were told to send copies of our tax return to our attorney upon filing. Then the Trustee requested the tax check. I did find the letter in Pacer that stated what he wanted. It should have been logged there, or your attorney should have been notified, unless you filed pro-se then the notifications should have been sent to you I believe. We had an attorney who handled everything. Things he did not tell us I was able to find on Pacer.

[rimi2001]

Yes, we filed pro-se. No logs in pacer pertaining to our tax refund. We actually have not filed yet. We are allowed an automatic extension throught August, due to the hurricane area.

I wonder why the link to the pacer will not allow us to see the assets the trustee is saying we have. All other documents are available, but not this one.

Do you know how long a creditor has to claim any assets? And what happens if they do not claim?

Thanks for your replies

[SinkingFast]

Since you filed Pro Se, and the docs don't show on PACER, maybe you can call the Clerk of the Court to see what's going on. The Clerk could check the docs and maybe tell you what the Trustee has filed.

If they are after your Hurricane Assistance money, I will be truly PO'd for you!!

[rimi2001]

The Trustee was taking insurance monies left and right at the 341 meetings. Not the Fema assistance or Red cross assistance, but insurance living assistance. And If you filed a contents claim on your insurance. Our mouths were dropped the whole time. I think this was total injustice! We are talking about people that lost everything, from clothes, to pots and pans, to appliances, beds, ect. And she wanted contents money to be turned in. We were in total disbelief!

[edwards2]

let me get this straight...the trustee was demanding assets from insurance companies who paid for damages due to Hurricane Katrina? How low is that! I am sure FEMA or the Red Cross did not pay for the total losses suffered by the hurricane victims. Good grief what are people supposed to do? It is so outrageous. If you are on welfare or any other kind of relief you can get help right and left but obvious victims of a destructive storm don't qualify? As for the change to an asset case I cant imagine the trustee is talking about what you MIGHT get from a medical statement. They can only deal with what is not what might be. I am glad I filed before all this nonsense started. As for our tax return...she did ask us if we got a refund and that was it. We filed in March of 2005 and we received our refund in early February. My guess is it is the insurance claim...

[Minnymouth]

Best suggestion I can give you is find an attorney - yours is NOT a basic bankruptcy case, much more involved, and very dangerous to have filed on your own.......

An attorney could and would have helped protect your assets (cash or otherwise) or at least a major part of it......

Minny