Absolutely not. The property remains property of the estate until the case is closed. Failure to obtain a discharge is not relevant. As JB mentioned, your strategy is probably not a good one. I hope you have a well qualified attorney.

Des....

The Chapter 13 Trustee's percentage has nothing to do with the salary. The percentage is based upon the requirements of 28 U.S.C. § 586(e), which, as you know, gives them a salary not to exceed that of basic pay for level V as well as a percentage of funds actually disbursed, not to exceed 10%. This...

justbroke

JB - these rules have been in effect for quite some time.

https://www.uscourts.gov/rules-polic...ptcy-procedure


Des....

It appears your issues are more complex than just turning over an asset such as a tax refund.

I am guessing that during the course of the case you did not service the mortgage and, as a result, the payoff was a bit higher than it would have been had you paid the monthly payment???? I...

Instead of asking the above questions, why don't you get the matter resolved? Did you fail to turnover a tax refund, have too much money in the bank on the filing date. . . What asset is the Trustee looking for?

Failure to resolve the matter can (and most likely will) result in either...

If the mortgage lien was not perfected and the debt was deemed unsecured there should be a court order or something official from your bk case that states this. Send it along with a copy of the Trustee's Final Accounting, a copy of your Discharge and a cease and desist letter to the holder of the note....

Absolutely agree with JB. I have a client who heavily "invested" in the stuff. All was disclosed to the Trustee and the Trustee will be taking control over the "investment". Interestingly, and like me, the Trustee has no clue how bitcoin works so my client is going to take the...