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Trustee's Notice of Assets & More

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    Trustee's Notice of Assets & More

    I see the following on Pacer all posted yesterday:

    1) Trustee's Notice of Assets - looks like my income tax refund is an asset

    2) Notice to file proof of claim
    3) Trustee's interim report - Wants my tax refund
    4) Application to employ - Hires his own law firm to make sure they get my tax refund

    5) Motion to file
    6) Motion to Require Debtor(s) to File Income Tax Return(s)
    7) Motion to Extend/Shorten Time - This one is strange...asking for another 60 days? Is this just to be sure they get my tax refund, or does this usually mean something more?

    Anything out of the ordinary here?
    Thanks,
    Lefty
    Filed Ch 7 - January 29th, 2008
    341 - February 29th, 2008
    Discharge - June 20th, 2008
    Closed - October, 2008

    #2
    Yeah, they are going to want that refund. Nothing like kicking you when you're down. I haven't heard if they are taking the stimulus/rebate checks too.

    Comment


      #3
      I agree...I hope that's all they're after though!
      Thanks.
      Filed Ch 7 - January 29th, 2008
      341 - February 29th, 2008
      Discharge - June 20th, 2008
      Closed - October, 2008

      Comment


        #4
        Originally posted by SUB View Post
        Yeah, they are going to want that refund. Nothing like kicking you when you're down. I haven't heard if they are taking the stimulus/rebate checks too.
        Our trustee is taking our tax return. Yes it stings, but it pales in comparison to the sum we are discharging, so I consider it a sort of 'penance'.

        The trustee did tell us (and followed up with a written letter) that there MIGHT be a possibility that the 'stimulus check' may be considered part of the estate and thus taken. Our lawyer says that we should be long discharged by the time it comes around and that there is a very little chance of him wanting to take it. I hope we get to keep it, we had planned on using the money to do some badly needed home repairs.
        Filed Ch 7: 12/27/07
        341: 2/6/08
        Discharged: 4/11/08
        Finally closing: ???

        Comment


          #5
          Originally posted by Runnin on empty View Post
          ....so I consider it a sort of 'penance'.
          LOL!! Well good for you.
          Me, I'm not that, uh, Catholic.

          One of the reasons I'm waiting is I want that tax CA$H.

          I'll be paying a penance in the form of keeping my card payments current until I file later this year.

          Comment


            #6
            Originally posted by SUB View Post
            Yeah, they are going to want that refund. Nothing like kicking you when you're down. I haven't heard if they are taking the stimulus/rebate checks too.
            My trustee sent me a letter demanding my stimulus rebate check. I was discharged back in October 07. My lawyer doesn't understand this, because he said anything past the discharge should be mine, but he is checking into it.
            Filed: 6/24/07
            341: 7/24/07
            Discharged: 10/07/07
            Still waiting for closing, NOW trustee wants the tax rebate on top of my refund. Jerk

            Comment


              #7
              Originally posted by SUB View Post
              LOL!! Well good for you.
              Me, I'm not that, uh, Catholic.

              One of the reasons I'm waiting is I want that tax CA$H.

              I'll be paying a penance in the form of keeping my card payments current until I file later this year.
              I'm actually agnostic.
              Filed Ch 7: 12/27/07
              341: 2/6/08
              Discharged: 4/11/08
              Finally closing: ???

              Comment


                #8
                Yeah, this rebate check is probably going to spawn a few $100K in legal fees across the country to see how the checks will be handled in BK.

                Comment


                  #9
                  Do you think that is why there is a Motion to Extend? Make sure he gets the rebate that is coming in May? That would be pretty slimy of him, but you never know. I actually hope that is the case and not an attempt to convert me to a 13. Another 60 days of waiting...we're looking at most of summer now. Damn.
                  Filed Ch 7 - January 29th, 2008
                  341 - February 29th, 2008
                  Discharge - June 20th, 2008
                  Closed - October, 2008

                  Comment


                    #10
                    Could the rebate check be covered by the wild card exemption if one hasn't used it all up?
                    pa308 (equifax fico 6-21 471) 594 on 3-09 671 7-09
                    filed ch7 6-12
                    341 7-25
                    Discharged and closed 9-24

                    Comment


                      #11
                      Originally posted by pa308 View Post
                      Could the rebate check be covered by the wild card exemption if one hasn't used it all up?
                      Yep

                      Comment


                        #12
                        just out of curiosity - did the OP or Running on Empty try to exempt your tax return and/or rebate?
                        Filed Chapter 7 Pro-Se May 29, 2008
                        341 July 1, 2008
                        Discharged September 4, 2008
                        Closed November 10, 2008 :-)

                        Comment

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