So, I am discharged from a Chapter 7. I have two APs pending, one from the Trustee who seems to be fishing: she claims that my alimony (which is exempt in my state) and my retirement funds (all qualified) might NOT be exempt. She made a complaint; I answered and a hearing has been set for May. Is she just trying to make my life even more difficult? She didn't ask for any discovery. I can trace all the bank account money I had on hand when I filed to alimony, and I didn't comingle with nonexempt funds.
Finally, do I have to PROVE that I didn't comingle or is it up to her to prove that I did?
Is it enough for me to take bank statements showing that all deposits came from alimony? Is it enough to show a letter from the IRS and ERISA re the retirement funds being qualified?
Finally, do I have to PROVE that I didn't comingle or is it up to her to prove that I did?
Is it enough for me to take bank statements showing that all deposits came from alimony? Is it enough to show a letter from the IRS and ERISA re the retirement funds being qualified?
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