hi all,
as some of you know, i have had some funds frozen in a bank account since before i filed for one of my creditors. then i filed, and the trustee filed a report of no distribution. i am discharged and closed for a few months now. some of the frozen funds were listed as exempt in my petition, and some weren't (they should have been, but weren't), but still the trustee did not go after those funds and just issued a report of no distribution.
since i was discharged, i think (and my attorney agrees) that these funds are mine. i tried to get the bank to unfreeze these funds by giving the bank a copy of my discharge papers and report of no distribution. at first they ignored it completely and did nothing for a few months, and now they are saying they need a specific court order to release the funds to me, and the discharge/report of no distribution are not enough.
my question is: how would this be done? would it require reopening the case? would this be a letter from the trustee to the bank? or from the bk court to the bank? or (god forbid) from the court that originally froze the funds (i really do not want to go back there, EVER)? and is there a risk at this point that the creditor, who made no appearance in my bk, would now say wait a second, i want this money (or at least the unexempted portion)?
any help would be appreciated very much! thanks!
as some of you know, i have had some funds frozen in a bank account since before i filed for one of my creditors. then i filed, and the trustee filed a report of no distribution. i am discharged and closed for a few months now. some of the frozen funds were listed as exempt in my petition, and some weren't (they should have been, but weren't), but still the trustee did not go after those funds and just issued a report of no distribution.
since i was discharged, i think (and my attorney agrees) that these funds are mine. i tried to get the bank to unfreeze these funds by giving the bank a copy of my discharge papers and report of no distribution. at first they ignored it completely and did nothing for a few months, and now they are saying they need a specific court order to release the funds to me, and the discharge/report of no distribution are not enough.
my question is: how would this be done? would it require reopening the case? would this be a letter from the trustee to the bank? or from the bk court to the bank? or (god forbid) from the court that originally froze the funds (i really do not want to go back there, EVER)? and is there a risk at this point that the creditor, who made no appearance in my bk, would now say wait a second, i want this money (or at least the unexempted portion)?
any help would be appreciated very much! thanks!
