Just Got Letter from the BK Judge HELP!

[Ineedajob]

What does this mean? My case (Chapter 7) was filed April 23rd and discharged Aug 17th.

ORDER FIXING TIME FOR FILING CLAIMS IN ORDER TO PARTICIPATE IN LATE DISCOVERED ASSETS COMBINED WITH NOTICE THEREOF

The trustee has reported to the Court the recovery of assets which may permit the payment of partial/additional dividends to creditors.

IT IS ORDERED AND NOTICE IS HEREBY GIVEN that any creditors who have not heretofore filed claimed herein may now file claims with appropriate attachments on or before:

DEADLINE DATE: 12/27/10
For Governmental Units: 3/24/11

Then they give me a PROOF OF CLAIM, that I guess I"m supposed to fill out, but I don't know what it's for or even how to fill it out.

The only asset I have is my vehicle, which is exempt in KS.

[tobee43]

The trustee has reported to the Court the recovery of assets which may permit the payment of partial/additional dividends to creditors.

although your bk was discharged by the court, apparently the trustee has felt there is sufficient assets for partial distribution.

did you use an atty for your bk?? if so, immediately contact them...although, if you did use an atty, their office has also rec'd a copy of the same notification, most likely even before you rec'd it.

now...do not panic...

and first...call your atty if you have one and if not ...simply call the clerk and ask if there is a possibility of a clerical error, as you stated your only asset is that of an auto which is exempt in your state.

while i understand this is so upsetting...it's nothing that cannot be taken care of, one way or another. so follow those steps and keep in touch and let us know how you make out.

best of luck...remember it will ok.

[Ineedajob]

Ok, we did have a tax refund. But I gave him most of it. I told him the rest was spent on rent, and food and we documented that. Then there is our car. But I guess, why is he opening it up for anyone to file a claim? And how can I know which are the assets that he feels are a risk for distribution?

BTW, I filed pro se, thanks for your quick reply.

[tobee43]

ineed...i would give the court clerk a call tomorrow and maybe also ask this question in the pro se forum. maybe someone has gone through this before.

more than likely it's nothing that can't be worked out...or some type of mistake if they already took your tax return. first, you need to find out what if any asset the trustee is referring to. that would be the first best thing to find out and take it from there.

[Ineedajob]

great thank you!

[backtoschool]

What does this mean? My case (Chapter 7) was filed April 23rd and discharged Aug 17th.

ORDER FIXING TIME FOR FILING CLAIMS IN ORDER TO PARTICIPATE IN LATE DISCOVERED ASSETS COMBINED WITH NOTICE THEREOF

The trustee has reported to the Court the recovery of assets which may permit the payment of partial/additional dividends to creditors.

IT IS ORDERED AND NOTICE IS HEREBY GIVEN that any creditors who have not heretofore filed claimed herein may now file claims with appropriate attachments on or before:

DEADLINE DATE: 12/27/10
For Governmental Units: 3/24/11

Then they give me a PROOF OF CLAIM, that I guess I"m supposed to fill out, but I don't know what it's for or even how to fill it out.

The only asset I have is my vehicle, which is exempt in KS.

It means you are being turned into an asset case. Your tax refund, the unexempt portion of your household goods or car, or cash that was in your bank account that you did not exempt can all be assets. Have you received your tax refund yet? Did the trustee contest your exemptions? You need to go on pacer and check to see if an objection was filed to your exemptions. It could also be the case that the trustee found preferential or insider payments and is going after the payees for the money and making that money assets of the bankruptcy estate.

[tobee43]

no problem...keep us informed on how you make out...and as backtoschool suggests maybe check pacer...although many times they are behind in posting.

i would just simply make the call...it will cause less frustration if it's not listed on pacer...(sorry backtoschool no disrespect meant..)

[wnguyen]

Ineedajob

I don't know what to say, just wish you the best of good luck. Hang in there. Tobe43 and backtoschool got good advices there.

[tcreegan]

Hi Ineedajob,

ORDER FIXING TIME FOR FILING CLAIMS IN ORDER TO PARTICIPATE IN LATE DISCOVERED ASSETS COMBINED WITH NOTICE THEREOF
The trustee has reported to the Court the recovery of assets which may permit the payment of partial/additional dividends to creditors.
IT IS ORDERED AND NOTICE IS HEREBY GIVEN that any creditors who have not heretofore filed claimed herein may now file claims with appropriate attachments on or before:
DEADLINE DATE: 12/27/10
For Governmental Units: 3/24/11

This is straightforward, the trustee thinks he/she has found some assets that aren't exempt (see backtoschools list) If a creditor didn't file a claim earlier, this is their chance to get a slice of the newly found pie.

Then they give me a PROOF OF CLAIM, that I guess I"m supposed to fill out, but I don't know what it's for or even how to fill it out.

This is bothersome, it could be nothing, the court sends one to everyone whether they need it or not. (most likely scenario) But....if this is a place for you to re-submit your exemption it is a big deal. Any lawyer gurus out there to weigh in on this?

The only asset I have is my vehicle, which is exempt in KS.

Nice vehicle exemption in KS....up to 20K ! So it is not your vehicle unless you had over 20K equity in it....

So you need to find out what the trustee found. Check pacer to see if there is an easy answer, go to the court and ask the court clerk for the documents the trustee filed w. the court, or go to the horse's mouth and ask the trustee (via a letter)

Good luck w/ this, I hope it is just a clerical error !!

Tom in Colo

[tobee43]

Hi Ineedajob,

ORDER FIXING TIME FOR FILING CLAIMS IN ORDER TO PARTICIPATE IN LATE DISCOVERED ASSETS COMBINED WITH NOTICE THEREOF
The trustee has reported to the Court the recovery of assets which may permit the payment of partial/additional dividends to creditors.
IT IS ORDERED AND NOTICE IS HEREBY GIVEN that any creditors who have not heretofore filed claimed herein may now file claims with appropriate attachments on or before:
DEADLINE DATE: 12/27/10
For Governmental Units: 3/24/11

This is straightforward, the trustee thinks he/she has found some assets that aren't exempt (see backtoschools list) If a creditor didn't file a claim earlier, this is their chance to get a slice of the newly found pie.

Then they give me a PROOF OF CLAIM, that I guess I"m supposed to fill out, but I don't know what it's for or even how to fill it out.

This is bothersome, it could be nothing, the court sends one to everyone whether they need it or not. (most likely scenario) But....if this is a place for you to re-submit your exemption it is a big deal. Any lawyer gurus out there to weigh in on this?

The only asset I have is my vehicle, which is exempt in KS.

Nice vehicle exemption in KS....up to 20K ! So it is not your vehicle unless you had over 20K equity in it....

So you need to find out what the trustee found. Check pacer to see if there is an easy answer, go to the court and ask the court clerk for the documents the trustee filed w. the court, or go to the horse's mouth and ask the trustee (via a letter)

Good luck w/ this, I hope it is just a clerical error !!

Tom in Colo

well i just did my first thumbs up for tom!! great post and helpful to the OP....

and OP..i also hope it's just an error!

[geye]

OP did you exempt next year's refund? I noticed when we filed that our attorney exempted the refund we received this year, AND exempted next year's expected refund (prorated through date of filing).

[tobee43]

i know in my district we were told to get our refund and spend it asap.......the sooner the bigger...i was in shock...it was HUGE refund and i couldn't understand it. however, the atty was correct...we spent it....but it into the place we moved into.

we had no problems with the trustee as far as our heft refund.

[backtoschool]

i know in my district we were told to get our refund and spend it asap.......the sooner the bigger...i was in shock...it was HUGE refund and i couldn't understand it. however, the atty was correct...we spent it....but it into the place we moved into.

we had no problems with the trustee as far as our heft refund.

How tax refunds are handled varies from district to district. How much of your refund is claimable by the trustee depends on when in the year you file bk also. The trustee can only claim a pro-rated portion of your tax refund, depending on what time of year you file.

[justbroke]

Is this a duplicate post, or am I going mad?

[backtoschool]

Is this a duplicate post, or am I going mad?

I only see one post from you justbroke. I am not sure if the thread is a duplicate though, I don't see another thread like this.