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Chapter 7 discharged, not closed and I filed my taxes (Please help)

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    #1

    Chapter 7 discharged, not closed and I filed my taxes (Please help)

    My C7 was discharged 2/13/06 and I filed my taxes on 4/15/06, I have received the refund ($2700) yet I never contacted my trustee. My reason for this is because my mom was diagnosed with throat cancer and had to leave her job so her mortgage and other misc. bills were late so I used my tax return to help get her caught up until her SSI is processed. I understand my case can be dismissed because of this becase my trustee explained this at my 341 meeting but can someone give me soem more details about this and the processed involved? Can my case be considered an exception and what steps should I take proceeding?


    Also, thank everyone for the support and advice you guys offer, this is a really amazing site.
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    #2
    If you were supposed to turn over the tax refund to the Trustee THEN YOU HAVE TWO OPTIONS..........

    1. Borrow the money - send it to the Trustee....

    2..Call the Trustee, explain the circumstances and that you were were aware that you were supposed to send check to him.... offer to make arrangements for the payment plan to pay it back........

    CROSS YOUR FINGERS, PRAY, AND HOPE YOUR CASE DOES NOT GET DISMISSED, AND THAT YOU HAVE A TRUSTEE WITH A HEART............

    Minny
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment

      #3
      If I could borrow the money I would've done that and sent my taxes to my trustee as instructed. I guess I'm prepared to take whatever is thrown my way.

      Exactly how long does a case take to be closed after a discharge?

      Comment

        #4
        Do you realize that if they dismiss your case they can revoke the discharge and you will owe all the money you did before the Bankruptcy

        Comment

          #5
          Originally posted by alh
          Do you realize that if they dismiss your case they can revoke the discharge and you will owe all the money you did before the Bankruptcy
          True! True!

          Your "I'm prepared to take whatever is thrown my way" comment shows you really have no idea what you may have gotten yourself into.

          You'd actually be in worse shape than you were before you filed BK. All the time that has lapsed between then and now, with all the interest and penalties. The automatic stay would be lifted and the Creditors would be all over you.

          You definitely need to contact your Trustee RIGHT AWAY and tell him/her what's going on. If you filed using an attny, call you attny, explain your situation, and have the attny contact the Trustee.

          This isn't a normal part of the BK filing process so the attny may charge a small fee as well.

          But if the attny can get you a payment plan set up with the Trustee and keep you in the Trustee's good graces, it would be money well spent.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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