Confused. Please give me your thoughts

[mama2three]

Maybe my attorney is just wrong. I am going to hold out hope on that because we are hoping to use the refund to pay off one of our cars and get rid of a car payment. It's gonna kill me waiting until December.

Since the Trustee is seeking removal from all further duties, wouldn't he have to have himself reappointed then in December to reopen the case and administer it?

[justbroke]

I think that most Trustees are so use to doing this and have seen so many cases... that they can smell "money" without even looking at the details. You have to remember the Trustee makes $25 on a no-asset case. So why probe into a case that doesn't "smell like money" in the first place.

They are actually punished for spending too much time on a no-asset case. This is why they go after over-the-median (must be money there), and beat on people who charged $100K or more (because they must have non-exempt assets somewhere).

Of course, that's my theory, and I'm sticking to it.

[music12]

justbroke, yes it's scary we think alike. i think it's probably because we both read lots of case law

mama2three, you are completely right about the trustee having to ask to be reappointed, and to explain why. if the trustee just sends you a letter while your case is closed, i would write a letter to the judge listed on your case, include the trustee's report of no distribution (or just refer to the docket sheet), include a copy of the trustee's letter, and ask why you are being harrassed during your fresh start. i don't think your lawyer would write this letter - probably he'd just warn the trustee instead... then just do what the judge says. if the judge is not aware of this practice by the trustee and attorneys, this would alert him/her to it, and could save your refund in the process. and if not, you haven't lost anything and you would just hand over the refund.

or, if when the time comes you think you would lose more sleep over it than it is worth, then just hand your refund over and forget about it. it's your personal decision.

either way, you HAVE to keep us posted!!

[want2save]

justbroke and music 12, since I had over $100k in unsecured debt, it is probably a good thing that I redeemed my van from the TT and that she is taking the motor home and car. I used 0 to 2.99% interest rate cards to purchase those items......never dreaming the real estate market would burst (real estate broker) and the income to pay the cards would disappear! The TT does not have to look for the non-emempt assets, I presented them :-) AND...losing $100,000 equity in my home precluded a refi to pay off the cards before the income dried up.....Thank goodness for Chapter 7 and a Fresh Start!!!

[UhhhOhhh]

Maybe my attorney is just wrong. I am going to hold out hope on that because we are hoping to use the refund to pay off one of our cars and get rid of a car payment. It's gonna kill me waiting until December.

Since the Trustee is seeking removal from all further duties, wouldn't he have to have himself reappointed then in December to reopen the case and administer it?

You know... the more I re-read the letter your attorney sent you about that, the more Im wondering if your attorney didnt write it him/her self... but rather some 'newbie' paralegal or secretary or something wrote it without consulting with the real attorney.
The paralegal that my attorney had thought he knew everything and twice told me really strange things - and when I questioned him, he said he would double check with the attorney and it turned out I was correct and the paralegal was incorrect. Of course he never said anything as outlandish as your letter says - however, maybe you should call and speak directly to your attorney and ask for clarification of the letter - and tell him/her that you have the understanding that once a report of no distribution/case closed is filed, then youre done and finished and there is no 'sending in money' to the trustee. Your attorney might be very happy you called, if someone else in his/her office is giving out wrong information/advice under the attorneys name.

[mama2three]

justbroke, yes it's scary we think alike. i think it's probably because we both read lots of case law

mama2three, you are completely right about the trustee having to ask to be reappointed, and to explain why. if the trustee just sends you a letter while your case is closed, i would write a letter to the judge listed on your case, include the trustee's report of no distribution (or just refer to the docket sheet), include a copy of the trustee's letter, and ask why you are being harrassed during your fresh start. i don't think your lawyer would write this letter - probably he'd just warn the trustee instead... then just do what the judge says. if the judge is not aware of this practice by the trustee and attorneys, this would alert him/her to it, and could save your refund in the process. and if not, you haven't lost anything and you would just hand over the refund.

or, if when the time comes you think you would lose more sleep over it than it is worth, then just hand your refund over and forget about it. it's your personal decision.

either way, you HAVE to keep us posted!!

I will definitely keep everyone posted on what happens. I will do what I can to keep the refund (including your suggestion), but if it does turn into a huge thing I would rather just give over the refund and move on. I would look at it as a small price to pay for a fresh start.

Thanks Music

[mama2three]

You know... the more I re-read the letter your attorney sent you about that, the more Im wondering if your attorney didnt write it him/her self... but rather some 'newbie' paralegal or secretary or something wrote it without consulting with the real attorney.
The paralegal that my attorney had thought he knew everything and twice told me really strange things - and when I questioned him, he said he would double check with the attorney and it turned out I was correct and the paralegal was incorrect. Of course he never said anything as outlandish as your letter says - however, maybe you should call and speak directly to your attorney and ask for clarification of the letter - and tell him/her that you have the understanding that once a report of no distribution/case closed is filed, then youre done and finished and there is no 'sending in money' to the trustee. Your attorney might be very happy you called, if someone else in his/her office is giving out wrong information/advice under the attorneys name.

Unfortunately, this came directly from my attorney through her email address, so I'm pretty sure it is her advice.