Personal Bankruptcy Questions

[Staperk825]

[no_it_all]

What do you mean when you say your car was included in the bankruptcy?

[SinkingFast]

Ignore no_it_all. A bit daft, that one.

If you did indeed include the car in the BK, you will not be responsible for a deficit balance if you let the car go back. Be sure to check your BK paperwork and make sure the auto loan was included.

Then contact the Lender and make arrangements to return the car. That's much better than repo. You can probably take the car to a Dealership to turn it in. Be sure to get a signed receipt that they received the vehicle as well. Always CYA with a paper trail.

The Trustee may or may not keep your refund. If the Trustee does, it's pro rated based on your filing date. Since you filed in October, the Trustee can take roughly 10/12ths of your refund, give or take, based on the actual filing date.

[Staperk825]

Thank you Sinkingfast. Do you happen to know how long it generally takes the trustee to administer the tax refund?

[SinkingFast]

Trustees move in slow and mysterious ways.

Just Kidding there.

A lot depends on the case load they are handling. The 10/17 filing rush only cleared the dockets here end of February, first of March. From what I gather, we're into a bit of filing rush with new people streaming in.

The Courts and attnys in general are shifting gears back and forth big time right now. So details remain on Old Law cases. New Law cases are being filed. Some of the Codes are ambiguous and the Courts and attnys are having to feel their way along.

Tax Refunds are really a house keeping type issue. One of those, they get to it when they get to it. Like Closing your BK. Most of the time, that's a housekeeping issue too. A formality. That sometimes gets handled quickly and sometimes lingers on for a bit.

Does the Trustee physically have possession of your Income Tax Refund check?? Generally that's the way they do it. They take the check from the IRS, cash it, take their cut, and refund you the difference.

[Staperk825]

I efiled my return and when the refund wasn't deposited into my account I followed up on the delay and found out that the trustee had the refund sent to him. It was never mentioned to us at all. I think he marked out return to be delayed due to the fact that last year's return was over a $1000 by $27 dollars. My brother and SIL were able to get their cases closed and get their returns without a problem, but I don't think their return for 2004 was over $1000. Do you think there is anything I can do beside the email and fax I sent to help speed up the process? Even if he only gives me 5/6 of the money, it's still mine and I could really use it.

[Minnymouth]

Most Trustees won't even respond to your inquiries, especially if you used an attorney......
Best thing, just wait him out and be patient. I know you want your case closed and over with, but Trustee's take their good ole time......

Minny

[SinkingFast]

Most Trustees won't even respond to your inquiries, especially if you used an attorney......
Best thing, just wait him out and be patient. I know you want your case closed and over with, but Trustee's take their good ole time......

Minny

Minny,..........

They filed Pro Se. Is there some sort of timeline for when they can go around the Trustee, and contact the Judge for a resolution??

[Minnymouth]

I'm not sure about a time-line but if they filed pro-se they can contact the Trustee wheneve they want really, because they are representing themselves.

NOW whether the Trustee is change his way, acknowledge them rushing him, etc is a whole different thing.

Even though I used an attorney, ample time has gone buy 18 months and I am petitioning the Court to close my case....... tired of waiting on the Trustee..

If I were them, they need to contact Trustee and ask him what the holdup is - and is there a problem??

Often a judge will issue a Hearing, demanding to know himself why the case is still pending? Mine called a status hearing after 6 months and nothing from the Trustee.....

I'll see if I can find anything out about a time-line though....... don't imagine there is one.... unless its in the one year after dishcarge concerning the closing.