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Bankruptcy Letter after Discharge help?!

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    Bankruptcy Letter after Discharge help?!

    I filed pro se. I have no assets except my car, which is exempt in KS and a tax refund.

    We surrendered part of the tax refund, I think it was about 1500 dollars and we'd spent the rest, which amounted to another 1500 on rent and food and documented that. Trustee never questioned it. Then we were discharged Aug 17th

    Then I get a letter today that says this;

    What does this mean? My case (Chapter 7) was filed April 23rd and discharged Aug 17th.

    ORDER FIXING TIME FOR FILING CLAIMS IN ORDER TO PARTICIPATE IN LATE DISCOVERED ASSETS COMBINED WITH NOTICE THEREOF

    The trustee has reported to the Court the recovery of assets which may permit the payment of partial/additional dividends to creditors.

    IT IS ORDERED AND NOTICE IS HEREBY GIVEN that any creditors who have not heretofore filed claimed herein may now file claims with appropriate attachments on or before:

    DEADLINE DATE: 12/27/10
    For Governmental Units: 3/24/11

    #2
    Have you looked on pacer?

    They seem to be reopening your case because they found something to distribute.
    Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

    Comment


      #3
      Yup, they found some assets to distribute. I can't tell what they are. You will need to look in PACER to find out just what the Trustee hopes to distribute to unsecured creditors. "Late discovered" seems to mean they found something after the fact, but it could have just been your tax refund.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Yes I did. This is what I found on his interim report

        FORM 1
        INDIVIDUAL ESTATE PROPERTY RECORD AND REPORT
        ASSET CASES

        The only asset he lists is the 1473$ in tax refund and he says he has it on hand. Is it possible that he discharged us as no asset but forgot that we had handed over our only asset at the meeting of the creditors and is now re-opening to close it out correctly?

        How can I discover what asset he's trying to go after?

        Comment


          #5
          Originally posted by Ineedajob View Post
          The only asset he lists is the 1473$ in tax refund and he says he has it on hand. Is it possible that he discharged us as no asset but forgot that we had handed over our only asset at the meeting of the creditors and is now re-opening to close it out correctly?
          If your case was a no-asset case and it changed to an asset case "after the fact", then this is why the letter went out. The Distribution Report would indicate what assets were being liquidated by the estate.

          Your discharge is unaffected by this. Your case may have still been "open" so the Trustee doesn't need to do anything administratively to "re-open" your case.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Sounds like he's just trying to give the creditors an opportunity to claim their share of the tax refund you surrendered.
            This post does not constitute legal advice. If you use my advice in place of a lawyer, God help you.

            Comment

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