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Please!!! Need advice!

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    Please!!! Need advice!

    The Trustee filed this report today changing us from a No Asset to an Asset.

    UNITED STATES BANKRUPTCY COURT
    DISTRICT OF DELAWARE
    IN RE: : Case No.:
    :
    :
    Debtor(s) : CHAPTER 7
    NOTICE OF CHANGE FROM NO-ASSET TO ASSET
    AND REQUEST TO THE CLERK TO FIX BAR DATE
    TO FILE CLAIMS AGAINST THE ESTATE
    TO, ASSISTANT UNITED STATES TRUSTEE,, the Trustee in the above captioned matter, after due inquiry, having discovered assets hereby gives Notice that this is an Asset case. The Trustee requests the Clerk to fix a bar date to file claims against the estate.
    July 15, 2009 /s/ ___
    Dated,


    I'm assuming this is referring to my husband's $5000 personal injury settlement that has been in limbo for 6 weeks. So what will happen now. Will we just surrender that amount to the trustee? Can we still be discharged and go through as a Chapter 7? I thought we were in the clear and then this!

    I appreciate any feedback!!!
    Chapter 7
    Petition Filed: 3/24/09
    341 Meeting: 5/15/09
    DISCHARGED!!!! 7/20/09

    #2
    you will still be discharged as a ch7. it will take a little longer though - i think 90 days rather than 60 days.

    which exemptions did you use? i thought personal injury is exempt up to some amount (larger than $5000) if you use the federal exemptions.

    if the $5000 is not exempt then yes, you will have to give it to the trustee to be distributed to your creditors.
    filed ch7 May 09
    341 june 09
    discharged, closed Aug 09

    Comment


      #3
      Thank you for responding. The tt filed this so late in the day & attorney had already left for the day. Is this something we will have to go to court for? Also will this make the US trustee get involved? I really want this over!!!

      Yesterday was day 60 and I thought we were in the clear and then tt filed this late today.
      Chapter 7
      Petition Filed: 3/24/09
      341 Meeting: 5/15/09
      DISCHARGED!!!! 7/20/09

      Comment


        #4
        I'm in Delaware and we could only exempt $50000 in personal property. No separate exemptions
        Chapter 7
        Petition Filed: 3/24/09
        341 Meeting: 5/15/09
        DISCHARGED!!!! 7/20/09

        Comment


          #5
          no, the ust won't be involved if he hasn't said anything so far. and i don't believe you'll have to go to court. you'll only have to give the money over. also, i think your discharge date does not get delayed just because you are an asset case, but i'm not sure.
          filed ch7 May 09
          341 june 09
          discharged, closed Aug 09

          Comment

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