what do you think this is?

[christine12]

We have received our discharge but the case is not closed yet, this was filed yesterday - what the heck does this mean? Does the trustee take the $$ back from chase and then redistribute it? When asked about large payments I assumed (maybe incorrectly) they meant above the minimums? Was I wrong?

Cause of Action to Avoid, Recover, and Preserve Preferential Transfers
7. Plaintiff re-alleges and incorporates by this reference each and every allegation set
forth in Paragraphs 1 through 6 above, inclusive, as though fully set forth herein.
{Trustee info here}

Our mortgage pmts were 1670-ish, we made 9 of them in the year pre-filing - if you subtract taxes and insurance out it probably equals the 11407.15/9... is that what it means by "the transfers were of a property interest of debtors"? We owed Chase so much on many different accounts (seemed like they bought everyone!) - mortgage, 2nd mortgage, and 5 credit cards. The only other creditors were our car loan and capital one.

[music12]

i guess the defendant is chase? and you are giving up the house?

looks like the trustee wants to take back some of that money from chase and give it to the car loan or capital one. the trustee would then get a piece of it as commission. since you are not the defendant, these proceedings will not have any effect on you whatsoever, except that closing will take a long time. but your fresh start already started with your discharge, and you may just ignore the rest of this.

[christine12]

Yes, the defendant is listed as Chase and the plaintiff is the Trustee. Yes we are giving up the house.

I know I don't need to worry any, and I'm not really, just more curious than anything. I would like to see the case closed, just to have it completely off of someones desk and OVER, you know? But I guess that is a long time coming now, LOL. That's okay though, I am grateful for the discharge - the most important thing to me!!

[southernbelle]

The hard part is over and the TT has administrative work left to do on your case that shouldn't involve you, but I know how it feels to not have your case closed over and done with. Take it from me, the discharge means the case is over from your perspective and the closing will come but you'll have to be patient.

Enjoy your fresh start just don't win the lottery.

[MSbklawyer]

Yeah, that's a preference complaint. Apparently you made a big ol' payment to Chase within a year prior to filing your bk. The trustee gets that back and distributes it pro rata to the unsecureds.