Revocation of Discharge

[backtoschool]

If you are post-341 Meeting, the easiest way to tell, is if the Trustee declared you a no-asset case.

Exactly. I had a large tax return last year, and I still have not gotten my trustee report of no distribution. So I am expecting to have to turn my future tax return over to the trustee.

It's only been a week since my 341, but I did some searching on the board, and it seems like when the trustee files an initial report that is NOT a report of no distribution, that the case turns into an asset case a large percentage of the time.

But, on the bright side, I have over $100k of credit card debt I am discharging, and over $100k in student loans that are following me around for the rest of my life, (and probably into several reincarnations. ), so if all I end up having to pay is my tax return, then I am one very happy insolvent woman.

[fredasboss]

Ok, so here is the deal. In Jan, shortly after the trustee demanded that I give him my income tax refund + rent money, I lost my job. I used the money he was requesting for state taxes and to keep my family of 6 afloat until I find a job. If I need to file an objection to his motion for turnover of funds, what do I need to state in the objection. Thank you for all of your comments so far.

[justbroke]

Ok, so here is the deal. In Jan, shortly after the trustee demanded that I give him my income tax refund + rent money, I lost my job. I used the money he was requesting for state taxes and to keep my family of 6 afloat until I find a job. If I need to file an objection to his motion for turnover of funds, what do I need to state in the objection. Thank you for all of your comments so far.

I don't believe you have any legal basis for objecting. That's why I have nothing for you to form a legal basis.

The one thing I suggested, was going back and looking to see if you exhausted all of your exemptions. If you haven't, use those exemptions by filing new Schedules. That will cost you $26 to file new schedules.

Then you'll probably need to still attend the hearing to fight the motion anyhow IF you were able to exempt some or all of the amount.

You need to find the money. How much are you talking? What are you doing to actually pay the money if it's not exempt? You are not going to win the Motion by saying "you spent it on rent" or that "you didn't know". The Trustee sent a demand months ago, and you chose to ignore it.

TRUST ME. You do NOT want this to be vacated! Find the money!

[aces67]

If the UST isn't happy nobody will be happy. Seriously if you didn't exempt the money you really need to pay.

[JRScott]

Ok, so here is the deal. In Jan, shortly after the trustee demanded that I give him my income tax refund + rent money, I lost my job. I used the money he was requesting for state taxes and to keep my family of 6 afloat until I find a job. If I need to file an objection to his motion for turnover of funds, what do I need to state in the objection. Thank you for all of your comments so far.

Bad move on your part, while it might of seemed the right thing to do at the time the money actually didn't belong to you, it belonged to the bankruptcy estate.

Now have you been working since? You might throw yourself on the mercy of the court and come up with a payment plan still. However you'll need to stick to it, they might be merciful once but soon as you stop paying them until you've paid the Trustee in full you'll find them far less merciful. That's about your only hope.

As others said if the discharge is revoked then the case is active. The next motion once that one is granted will be a motion to dismiss with or without prejudice. With prejudice is very bad, and although you feel in the right here spending money that didn't rightfully belong to you could get you dismissed with prejudice. What that would mean is you could never file on the same debts again ever. If its dismissed without prejudice you could refile after 6 months for instance.

If you filed pro se you need to call the trustee and see if you can throw yourself on his mercy and come up with a payment plan if he's willing.

If you filed with a lawyer he's gonna charge more to fix this but he'll basically try to work out a payment plan as well. He might could suggest if you could have exempted more of it and help you amend papers if that is a course you could take.

[keepmine]

As others said, contact somebody. See if you can make payment arrangements. Ask if you can turnover your 09 refund.