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    PACER shows bad news, I guess........

    I logged onto PACER today just to check the status of things.....I still do this periodically. Today I noticed that this was added on 12/18/09.........

    Filed & Entered: Trustee's Notice of Assets & Request for Notice to Creditors

    I also noticed that I was changed to an ASSET CASE!!! All of this after discharge? I am confused......does this have something to do with my upcoming tax return refund?

    The crappy part is that it is not clickable so there is no attachment of forms to go to. It's just sitting there and I have no idea what it is for sure.

    Thanks for any help.
    New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

    #2
    Why do you care if you're an asset case? It's probably because of an anticipated refund. You should have already been well aware (before or at the 341 Meeting) that you were potentially an asset case.

    It could be so many different things. Perhaps you surrendered a property, but the Trustee found a material defect in the lien, mortgage, note, agreement. Just because your case becomes an asset case, doesn't mean that you're in trouble, owe money, or are even party to the Trustee's liquidation of some asset.

    Please contact your attorney to see what the Trustee is up to. You pesonally would have been notified if it were some exemption issue.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by justbroke View Post
      Why do you care if you're an asset case? It's probably because of an anticipated refund. You should have already been well aware (before or at the 341 Meeting) that you were potentially an asset case.

      It could be so many different things. Perhaps you surrendered a property, but the Trustee found a material defect in the lien, mortgage, note, agreement. Just because your case becomes an asset case, doesn't mean that you're in trouble, owe money, or are even party to the Trustee's liquidation of some asset.

      Please contact your attorney to see what the Trustee is up to. You pesonally would have been notified if it were some exemption issue.
      I am not sure I care as much as I am afraid I should care, as in maybe something is wrong and I am about to get whalloped with something I don't even see coming.

      Unless the tax return makes me an asset case automatically, then there is nothing I know of or was mentioned that would me an asset case. The trustee abandoned all of my property already.

      Just kind of anxious that it may be something other than my tax refund.
      New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

      Comment


        #4
        Any time you have funds that are dispersed to creditors you become an asset case. If you have a tax refund the trustee will take it and disperse it to them after getting his percentage. You should also then get a notice that the trustee asks for him to be appointed a lawyer in your case so he can disperse those funds. No biggie.
        Filed: 10/2/2009; 341: 11/10/2009;
        UST Files Motion to Dismiss: 11/24/2009 Our Attorney Files Response: 1/7/2010 UST withdraws objection; Discharge: 4/20/2010

        Comment


          #5
          If they are waiting on the tax refund then you'd be an asset case.
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

          Comment


            #6
            You're discharged. No worries now. Just cleaning up the loose ends.
            All information contained in this post is for informational and amusement purposes only.
            Bankruptcy is a process, not an event.......

            Comment


              #7
              Originally posted by frogger View Post
              You're discharged. No worries now. Just cleaning up the loose ends.
              Thanks Frogger, I guess since I am already discharged should be a relief, right? I was just wondering that if it is the tax return, why so early? Then I logged in again and got the notice of the mailing of the document to me that I could download. It's a notice saying that while previously there was not to be anything in the estate, there is now and claims must be filed by 3/22/10. I guess that's why they do it now to give creditors time to file claims?

              I still wish I knew how much of it they are going to take.
              New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

              Comment


                #8
                I filed in September, and the attorney said they could take up to 3/4 of it as thats how much of the year has passed when I filed. I don't know if they exclude anything from this such as child credits or anything, but I am expecting to be able to keep 25% of it, I hope.
                Filed Chapter 7 (no Asset) - Sept 2009
                341 Meeting - Oct, 2009 (Converted to Asset Case)
                DISCHARGED - Dec. 2009
                $1500 Buy Back & 67% Of Tax Refund Surrendered

                Comment


                  #9
                  I am going thru the same thing, an anticipated tax return. I filed at the end of Aug, lawyer said that they will take 2/3 of any return, big or small.
                  Filed Aug 28 2009
                  341 Oct 2 2009-Asset Case
                  Discharged Dec 16 2009
                  Waiting for tax return and asset buy back to close

                  Comment


                    #10
                    Same here. Filed in the beginning of Sept, so my guess is they'll take 2/3s of the return. If that's it, I'm still happy. At least I get 1/3 and get the case closed. Of course, no one wants to give up any of his return. Gotta look at the bright side of things, though.
                    Retained Lawyer: 04/2009 Filed: 09/2009 341 Meeting: 10/2009 Discharged: 12/2009 Asset: 05/2010 made asset Closed: 07/2013 after 47 long months

                    Comment


                      #11
                      I guess no one exempted an anticipated tax return?

                      Comment


                        #12
                        I did exempt $1500 of my anticipated tax return.
                        I was discharged on dec 21st and I am still a" no asset case"...
                        filed chap 7 pro se 09/15/09
                        341 meeting 10/19/09 continued
                        2nd 341 meeting 11/09/09 concluded
                        discharged : 12/21/09 closed :01/08/10

                        Comment


                          #13
                          Originally posted by Mi Bankruptcy View Post
                          I guess no one exempted an anticipated tax return?
                          i signed a paper at my 341 for my taxes, it is all exempted up until 3495.00 anything over that amount the truestee will take
                          filed chapter 7 Nov 17, 2009
                          341 meeting Dec 21
                          dec 22 no funds no asset
                          Objections for Discharge due by 02/19/2010

                          Comment


                            #14
                            I was told I couldn't exempt it, which actually I am ok with, he can have the whole thing if I can be done with this. The only thing that kinda hurts is it's the last year I qualify for the child tax credit. Oh well, that doesn't even equal 1 month of payments of my past cc debt.
                            Filed Chapter 7 (no Asset) - Sept 2009
                            341 Meeting - Oct, 2009 (Converted to Asset Case)
                            DISCHARGED - Dec. 2009
                            $1500 Buy Back & 67% Of Tax Refund Surrendered

                            Comment


                              #15
                              My attorney told me I could exempt mine (WD Mich) as long as I don't exceed my state's allowance.

                              Comment

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