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    Looking for forum speculation....

    OK, here's the deal....I was made an asset case directly after my 341, and received my discharge on 12/14.

    My "asset conversion" was due, in part, to the TT anticipating a tax refund (this was a blanket statement made to all the petitioners at my 341 time slot). There won't be a refund (I actually owe about $1200 this year), so I'm not concerned about that.....

    There WAS a "preferential transfer" (If you really want the circumstances to provide an honest response, I'll be happy to PM them, but don't really want to post the details on a public forum - I was honest, I disclosed it and even stammered a bit during the 341 when questioned about it) listed in my petition that my TT hired a law firm to pursue. The law firm in question contacted the recipient, and the recipient doesn't have the $$ to return it to the estate (and no hope of having it at any time in the forseeable future).

    The recipient offered immediately to the law firm to begin making payments against it. At the rate of $50.00 / mo., which truly is about all he can afford. This would take about 10 years to pay off. Attorney mulled this over for a few days, and then told recipient that based on the overall facts of the case, she was reccomending to the TT that he "should move on, there's nothing to see here".

    That was the last that the recipient has heard from the TT's lawyer.

    My case is still showing as open, and as asset, and at this juncture, I am assuming that once I submit my no refund tax return to the TT's office, I should see a closure of my case within a short time period thereafter.....

    Does the community concur? Or do I have to worry about the TT making me make up the "missing asset"?

    Could my discharge possibly be in danger?? I was completely honest about the transaction in the petition, and at the time it was made, I was NOT insolvent.
    Last edited by last2cents; 01-07-2010, 07:00 PM. Reason: more info
    Moving ahead with my fresh start!
    Ch 7 Discharge: 12/14/2009
    TT Report of No Dist! 03/31/2010
    Case CLOSED!!!: 04/28/2010

    #2
    The trustee will have a very difficult time, perhaps impossible, trying to retrieve this money or equivalent from you, specifically.

    At this point, you are out of the picture, unless the trustee could prove intentional fraud. There is a very high, very well litigated, standard for fraud. Of course, I have not seen the details of this transfer, and would be happy to look at a PM regarding this, but I doubt that would change my opinion, unless it involved insider trading or other securities violations, or a criminal act like defrauding a senior citizen. Even then, the allegations would most likely need to be proven, prior to this BK, in a criminal court, or be in the process of that prosecution.

    In short, the trustee likely has one option: Collect from the person you paid the preference to. They cannot come after you directly I am nearly certain, except those circumstances I mention above and a few even less likely scenarios.

    I suspect the tax refund may be the question, as you note. Other than that, I see you as in the clear.

    good luck,

    -dmc
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    Comment


      #3
      L2C, I was the same. My god-daughter and my son-in-law. After a 2004 procedure, I talked with Trustee lawyer to allow me to pay the P payment. My case was not discharged until I paid it and over exempt property.

      It is to bad that your friend has to pay. Can you for him?

      You were discharged, but not closed. We were not closed for a full year after discharge and I do not know why.

      I believe at this time, being discharged, you could ask the Trustee what more you can do. If you can help your friend that would be good. If he was "abandoned" that would be better for both of you. Restore whatever he paid if anything.

      My belief is; if you do not ask you will not know. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


        #4
        Hub is right about this, though:

        You probably CAN leave your friend on the hook here. Should you? Only you can decide this matter, but if the friendship means anything to you, I would think about this further.

        Likely, as I said, you are NOT liable in any sense. Is it worth losing a friend for? Only you know. If the answer is no, then you should consider as Hub suggests and see what can be worked out between two friends and the trustee.

        But, as always, if there is no money, there is none. Not much you can do in that situation, and I have both lost friendships and made them stronger through similar situations.
        11-20-09-- Filed Chapter 7
        12-23-09-- 341 Meeting-Early Christmas Gift?
        3-9-10--Discharged

        Comment


          #5
          The trustee can take your preferential payment recipient to court to try to get more money if he wants to play hardball. Your case will remain open until the trustee abandons the preferential payment as an asset. Hopefully the trustee will not go so far as to take the recipient to court, but since the trustee is most likely billing the court for lawyer's fees to represent himself if he doe take the recipient to court, he may decide to pursue the preferential payment further. The trustee will not come after you for the payment though.
          You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

          Comment

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