More Pre-filing questions

[ColoradoBell]

I don't have withholding so I paid my entire tax bill this month.
I've contributed 2009 and 2010 retirement and HSA contributions.

I have to prepay some long needed teeth implants (2) at $9800.

Will the trustee have any problem with any of the above?

Assets: if my X owes me money from the divorce settlement, even tho he refuses to pay it for th last 7 years.....must I list it as an asset , how will the trustee handle that?

Since I owe X money (disputed) in unsecured debt, would the trustee do an offset? (He owes me for the above dental surgery, and $20k cash.)

I have a promissory note that Im supposed to get $15k from. But it was from X's friend and I think he paid X my share . X said the guy declared bankrputcy years ago and discharged it but I've never seen any paperwork and the promissory note had my address on it.

If these are all assets, then does the BK trustee go after them so he actually has them to pay off my creditors?????

[Mensa1]

The TT might be better at collecting from X than you have been. I doubt that you would get an offset unless the purpose of the offset was some how mentioned in the debt he owes you, for that specific purpose.

Before listing the 15K note owed by the friend of X, I would verify or have your Atty verify that friend was in fact disch in Ch 7. Could be a case of X telling you a story. Assuming that the debt was still owed, then yes the TT would have an interest and certainly go after such a thing if not an exempted asset. Yes, TT will collect to provide funds for creditors; that is TT's purpose.

[keepmine]

Would agree with Mensa.
One of the standard questions at yoir 341 will be,"does anyone owe you money"? Answer yes and let the trustee take it from there.
Of course, don't blindside your lawyer with this info. Let him/her know all the details.

[AngelinaCatHub]

Would agree with Mensa.
One of the standard questions at yoir 341 will be,"does anyone owe you money"? Answer yes and let the trustee take it from there.
Of course, don't blindside your lawyer with this info. Let him/her know all the details.

I also agree with above. If you have a PACER account, you can find out for yourself about the friend. If he lived near X use that Court area, put the friends name in and you should be able to sort through by the approximate year which one is friend. The docket will show the year (first two digits). It will also show the friends address. Then see if he has been discharged. Check his Matrix to see if you were listed. Even if not, the debt would be discharged. 'Hub

[ColoradoBell]

Well I know that the friend of X paid X in full back in 2003 while we were still married. But X didn't want to pay me my share ($15k) so he concocted the Bk story. If the TT would go after X for this money I'd be happy, even if it would mostly go back to him for the unsecured debt he says I owe him.

I will tell my BK attonrey everything IF I can find one...It's been hard.

[keptdigging]

I've been having a hard time finding an attorney as well