We filed for bankrupcy back in October and our meeting of the creditors was in November. In February we recieved a letter of discharge. During our 341 meeting we were advised by both the trustee and the attorney that we were to send in a copy of our 2005 taxes to both of them. (we did that) We got around $4600.00 back and the trustee called with his amount to be paid $2600.00 and some odd cents. His secretary said not to send in the checks just make out a check or money order for that amount. (we did that) after the fact our attorney wanted us to send our tax refund checks. Well we no longer had them to send, and did everything that we were told to do by the trustee. We get a letter in the mail Friday saying our attorney wants to see us regarding our chapter 7. Does anyone know what this could be about? We go this week to see him.
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Sounds like your attorney was hoping to get a piece of the pie. Too bad for him.Filed Chapter 7, 8/16/05, 341 10/12/05
Discharged 2/16/06, Case Closed 3/8/06
FICA Score (Equifax) as of 10/13/06 - 645
(It was 506 on 10/12/05) -
Can this stop the bankrupcy from going through? Because the attorney wants his share of the money? Speaking of which the trustees secretary said that $1200.00 was for our attorneys part as well all included in the money sent to the trustee. Is he going to say now that he didnt get his? I guess I want to be prepared for what may happen. I thought this was almost over with. We have done everything that is asked of us.Comment
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This is wierd.
You're the first person I've read a post from that said the attny was getting a cut of the income tax refund money!!
Unreal!!Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...Comment
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You got your letter of discharge, an action authorized by the trustee. Be nice, go see your lawyer, and tell him to go get his share from the trustee. I can't see where there's any further obligation on your part.Comment
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this sounds like you may have paid the filing fees in installments which requires that you pay no one until you pay the final installment to the court, so my questions are, did you pay the filing fee in installments and had you paid your attorney anything yet?Comment
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I wouldn't go see him. If its that important, call and tell him you have transportation issues, and whatever he has to tell you can be told over the phone. If he wants money from you, then you could sleep on it before sharing a good laugh with friends and such.Originally posted by nervousComment
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We have paid the attorney not only $900.00 for the bankrupcy proceedings ect.. but the additional money $2600.00 sent to the trustee from our income tax check. Should I call the trustee and ask him what the status of our bankrupcy is before seeing the attorney?Comment
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First - slow down and take a breath.
You filed bk.
You complied with the trustee's requests.
You received a discharge. Technically, it's over for you unless the trustee wants to pursue other events (which they can do - but you'd be notified).
Now, YOUR attorney wants to discuss 'something' about your bk.
Personally, I'd ask him - by phone, or leave him a voice message - what the meeting is about and how long he needs. You have a life to rebuild and resume...if he's a straight-up guy this wouldn't be a problem to explain why he needs to see you.
From the information you've provided so far, you have nothing to fear. Ask him what this is about.Comment
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We've been told fees of $700 to $1000 for filing a Ch 7, so your attny's fee seems appropriate.
And you paid the Court filing fees on top of that?? Like another $275 or so??
While I'm relatively new at this, I've never read where anyone elses attny got a cut of the income tax refund money.
Odd that the Trustee's secretary would tell you that. Hummmm.........
Something we didn't know before.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...Comment
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SinkingFast,
Everybody has their finger in the pie when it comes to the money issue.
Really creditors get very little.............like 10% of what is owed to them...........
In my case - only one secured creditor - they got 50% (then they had to pay for auction/auctioneer, etc) and the Trustee/attorneys got the other 50%................
I have petitioned the Court for a "full explanatin" of where the MONEY WENT - who it was paid out too and how much!! That is another "right" I have, is to know!!
MinnyMinny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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attorney wont return call
I am unsure whether he wants a piece of the pie or what. I do know that I have left several messages at the attorneys office and no one will return my call. The only thing that I have recieved is a discharge. I have done everything that is asked of me. Is he mad that the check was not sent to him instead of the trustee? Call me paraniod I am just worried that there is something els going on. Is there anyway after being discharged that they can dismiss this or make me convert to a chapter 13? I have heard nothing from the trustee, other than to send the amount I did from my refund check and the letter of discharge. This is nerve racking wondering what is going on. Has anyone been called in to talk about thier chapter 7 after a dicharge? If so what was it about?Comment
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Try contacting your attorney again, tell his secretary that he has been trying to get ahold of you!!!
If it worries you too much, call your Trustee and asked him if you have met all your obligations regarding your Chapter 7.
If you were told to send a specific amount to the Trustee and did - then you met your obligations to the Trustee regarding the income tax issue.
Let us know what you find out.
Don't worry too much, you should be okay, I believe.
MinnyMinny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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If he can't even call you back than just forget about it. You're discharged thats all that matters.Comment
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I've learned that Bk attorneys are among the most slovenly of the bunch.
Don't expect them to jump quickly should you have a simple question. It's too "complicated" to return a simple call.Comment
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