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BK discharge revoked!! any advice?

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    #1

    BK discharge revoked!! any advice?

    Long story short, I had my bk discharged in 1/07, a few weeks ago I received a bill for $60somethingK, and called them to ask why they were sending me a bill for a debt included in a discharged ch 7. She pulled dockets and said the trustee filed a complaint to have bk discharged..

    The day after filing I had received my $1600 tax refund, and the trustee said I owed it to him. I communicated with him by phone to make arrangements, and as I filed pro se, I didn't realize I could have filed a wild card exemption which would have more than covered it, especially given the situation. He told me he would send me something by mail and to follow instructions, which I never received, but then the discharge came and I thought he just left it alone.

    Well, I saw an attorney, who pulled the complaint, and all the paperwork mailed was sent to the wrong party. Different city, different names, nothing even close, and I received no notice of his request, the complaint, nor court documents to let me know this was happening...

    Isnt this a violation of privacy on behalf of the trustee? Also, he is no longer on the trustee board..

    So, what do I do?!? Can I file a new bk, and show those records and proof of error to restart everything? I have a new computer on a cc I got right before this happened, which can be exempted, as financially I pass the means test currently, so if I refile can include this and other debts incurred since the original discharge? Can I get the old case reinstated as is? I would be better financially if I could redo the schedule F or just refile now, but what chances do I have??
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    #2
    I'm sure HHM would have some good advice but this makes my head spin. Have you bothered to contact the US Trustee? They oversee the BK trustee.

    I don't see how the revoking of your discharge can be valid if the facts alleged by you are true. This comes across as a scam on the part of the Trustee.

    What was the basis for revoking the discharge? Or don't you know that yet because you never got the paper work.
    So the poor debtor, seeing naught around him
    Yet feels the narrow limits that impound him
    Grieves at his debt and studies to evade it
    And finds at last he might as well have paid it.

    Comment

      #3
      Originally posted by avega View Post
      Isnt this a violation of privacy on behalf of the trustee? Also, he is no longer on the trustee board..
      Not a violation of privacy. Probably a mistake, wrong case information.

      Originally posted by avega View Post
      So, what do I do?!?
      Well, what did the attorney that you consulted with say? If there was never effective notice, then you an challenge the notice and have the revocation reversed.

      Originally posted by avega View Post
      Can I file a new bk, and show those records and proof of error to restart everything?
      You need an attorney. You need to see if you can get this Order Revoking Discharge... well.. revoked (vacated). If you can't afford one, see if you can get one pro bono through the Court.
      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

        #4
        The attorney I spoke with wanted to charge more than a normal filing, which I also can't afford right now, and didn't give me much confidence in his overall ability to handle this, so I will look for other options. I just signed up for pacer, so hopefully when my password gets here, I'll be able to see more..

        Comment

          #5
          The UST is your first choice. Call them today.
          7-2-2009 Filed
          8-28-09 341 Concluded, no assets
          10-28-09 DISCHARGED/CLOSED!!!!

          Comment

            #6
            Agree with Justbroke
            1. Not a privacy violation (bankruptcy is public record).
            2. Regardless if you can afford it, time to hire an attorney, you need to make it work.
            3. However, to get the ball rolling
            a. You need to find out if the case is open or closed (probably closed)
            b. if closed, you will need to file a motion to reopen the case (and pay a filing fee)
            c. from here, even I am not 100% clear on what needs to happen (hence, my advice to hire an attorney). Probably file a motion to overturn order revoking discharge stating as your reason, improper notice, attach copies of your original petition (first 2 pages) and the certificate of mailing used by the trustee showing the wrong address.
            d. You may need to amend your original petition (assuming that can even be done at this point) to claim the exemption.
            e. Assuming you make it this far, I am not sure if the court will automatically reinstate the discharge or if you have to file another motion.

            In essence, this is VERY BAD. pull the money together, and get this done right.

            Comment

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