My grandmother passed away 10 days before my 180 days were up. I was discharged in 10/09 she passed awau 12/09. My case is still open due to TT trying to sell timeshare and go after funds from unethical lawyer. Have been waiting for them to do something about the inheritance. They just sent out notices to all creditors on Friday, giving them until November to file. What are the chances the ceditors will not file in a timley manner? If they do not. What happens to remaining funds after TT takes his share? I did not recieve any notice due to the fact I moved over 6 months ago. I sent TT my new address along with dues due to timeshare, but the idiot sent it to the wrong address. Thanks for anyones experiences with this. The amount left to me was $10,000 and I live in Texas.
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Sorry for your loss.
The 180 days runs from the filing date, not the discharge date. 11 USC 541(a)(5)
No one can predict which creditors will file timely claims, however, a late filed claim is not "disallowed". In a Chapter 7 a late filed claim will only receive a distribution if there are any funds left after all administrative, priority and timely claims are paid in full. See 11 USC 726(a)(3). If there are any funds left after all claims are paid in full those funds are returned to the Debtor - 11 USC 762(a)(6). -
Thanks for your reply, I did not expext to get any money back. I have paid back all my medical claims on my matrix, It is just credit card companies that have any right to the money. Hopefully after all the money is administered to creditors, the TT will stop draging his feet and close the case.Comment
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