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    Please help, total panic

    The trustee has been delaying getting me a settlement agreement. I asked my lawyer about this in an email and he said they can stretch it out and that they can always revoke the discharge during this period. Now I am freaking out. I have not seen a situation like this here on this board. I am now so worried that they will revoke the discharge. I thought that everything was okay once the discharge went through but he says this is not the case. To get more information from my lawyer I would have to make an appointment and pay him $275, so I am really hoping someone on this board knows something about this.
    Filed Chap. 7 1/11/09
    341 2/14/09; later declared asset case
    Discharged 5/18/09
    Asset case - still no payment plan proposed

    #2
    A little more detail would be very helpful - is there a legitimate reason (or reasons) your trustee might revoke your discharge?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Your lawyer should be bound to fulfill your whole journey through your ordeal. Unless there is some far problem such as an Adversary Procedure, you should not have to pay him for problems that he should have been on top of long ago. As LRPRN said, what is the sort of agreement or settlement about? I had to make a settlement as to an inside payment but I paid it off. It is also my understanding that once discharged you are done, unless they can prove fraud. Then the case can be reopened to scrutiny. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


        #4
        If I remember correctly ( and I may not) I believe the OP had an issue with some jewelry either sold or given away.

        Perhaps the OP is waiting to see what the TT is going to ask for the jewelry issue?

        I should have checked the OP's other posts, but I am being lazy.

        So if that is the case, OP, I believe your case will remain open until they settle the jewelry issue or declare the asset abandoned.

        All of your debts have been discharged if the discharge order has been docketed, and you will probably wait until the TT takes his/her SAT to settle that particular asset to see your case closed.

        If I got it wrong, sorry.

        Comment


          #5
          panic attack

          Thanks everyone for responding, my internet pooped out on me and I was just now able to go online again.
          Dingdong you are correct, there is an issue with jewelry that I bought and gave as a gift, and I have agreed to pay for that, I have agreed to give them my tax refund too, of course. They told my lawyer's paralegal they were going to send over a settlement agreement and tell me the amount they want me to pay but that hasn't happened.
          I have always worried that they would convert me to a Chapter 13 because I am over median income. But I don't see what grounds they would have to revoke the discharge. Even so I won't be able to relax until I pay them whatever they decide I have to pay them.
          Filed Chap. 7 1/11/09
          341 2/14/09; later declared asset case
          Discharged 5/18/09
          Asset case - still no payment plan proposed

          Comment

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