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Pasrt Due Reimbursements for Children

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    #31
    So to clarify - Yes I have filed - no it was not in my original petition - BK lawyer first told me to leave it alone and that since it was denied without prejudice I wasn't owed any money. I am really struggling financially and my kids are even more so. Child Support has been reduced substantially.
    I saw another family lawyer re issues related to my family matter. (Other issues were left denied without prejudice as well. I've also been advised to file an appeal regarding what was decided in the family law matter...) This new family law lawyer told me not to bother to pursue the past due reimbursements as it would end up just going to my creditors. (Of course, that's quite upsetting to me. As I've indicated, I was/am hurting - money is due to me - first family lawyer screwed up.)
    There are amendments for my petition, now the BK lawyer says I should include the past due reimbursements. The reimbursements go back for several years and the litigation for them lasted over two years (obviously there were/are other issues).
    So it sounds like I am now going to include them - I will have to wait and see what, if anything, the trustee does, and then maybe be able to pursue the money, for medical and other expenses for my children when the bankruptcy is over. I certainly can use the money for supporting my children.
    Incidentally, BK lawyer originally told me I could continue to pursue my matrimonial issues after I filed. BK lawyer was given copy of court decision before I filed BK. I waited until I filed to see a new family lawyer. I was hoping that $30K could also assist me with legal expenses - sure doesn't look that way now. It was after I told the BK lawyer what the family lawyer told me, the BK lawyer now wanted it included in my petition.
    Sorry but just one more question - how will I know the trustee has abandoned the claim?

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      #32
      So to clarify - Yes I have filed - no it was not in my original petition - BK lawyer first told me to leave it alone and that since it was due without prejudice I wasn't owed any money. I am really struggling financially and my kids are even more so.
      I saw another family lawyer re issues related to my family matter. (Other issues were left denied without prejudice as well. I've also been advised to file an appeal regarding what was decided in the family law matter...) This new family law lawyer told me not to bother to pursue it as it would end up just going to my creditors. (Of course, that's quite upsetting to me. As I've indicated, I was/am hurting - money is due to me - first family lawyer screwed up.)
      There are amendments for my petition, now the BK lawyer says I should include the past due reimbursements. The reimbursements go back for several years and the litigation for them lasted over two years (obviously there were/are other issues).
      So it sounds like I am now going to include them - I will have to wait and see what, if anything, the trustee does, and then maybe be able to pursue the money, for medical and other expenses for my children when the bankruptcy is over. I certainly can use the money for supporting my children.
      Incidentally, BK lawyer originally told me I could continue to pursue my matrimonial issues after I filed. BK lawyer was given copy of court decision. I waited until I filed to see a new family lawyer. I was hoping that $30K could also assist me with legal expenses - sure doesn't look that way now. It was after I told the BK lawyer what the family lawyer told me, the BK lawyer now wanted it included in my petition.
      Sorry but just one more question - how will I know the trustee has abandoned the claim?

      Comment

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