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Adding Asset Post-Discharge?

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    Adding Asset Post-Discharge?

    I'm absolutely sick over this. We just realized, a couple of weeks after our discharge, that we forgot to add an old employer pension account to our petition. I'm pretty sure it would be 100% exempt as a retirement account, but that's not even what concerns me (the account is only a few thousand). What concerns me is that we forgot all about this account until we just received our annual statement.

    Can we add this asset to our petition, now that we have been discharged but not closed? We don't know yet if we are an asset case -- it all depends on whether the TT can sell our home or not. Does this jeopardize our discharge?

    Thank you for any help!

    #2
    Since it's a retirement account that was overlooked, the courts couldn't touch it even if you had filed listing it. If you filed with a lawyer, you can ask his/her advice but I'm betting you are going to hear to not worry about it. Congrats on your recent discharge!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      I think most of the time retirement accounts aren't exempt from the bankruptcy estate they are considered excluded because the trustee can't touch them. So it shouldn't matter.

      Comment

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