Discharged but attorney now wants to talk to us about our chapter 7

[nervous]

what a mess

Talked to the attorneys secretary today. She said that our case is closed, but the trustee wants to open it back up. I will find out more once we meet with the attorney. It is my understanding that the trustee wanted all of our refund. Even though his secretary told us what amount to send and so on. Will she be held responsible? It was not our error. She said all we needed to do is send a money order, cashiers check for that amount. I asked several times if we should send it she said no. So now we are faced with this. How much can a person take? Does anyone have any suggestions, the rest of the refund check is gone for repairs to house and car ect... Will I have to come up with the remaining amount? I am so upset about this I cant eat or sleep. Any suggestions would be helpful. Thanks in advance.

[FilingOnMyOwn]

Call your trustee directly and ask him if there are any more issues regarding your case. Say your attorney called you and left a message saying he wanted to talk to you about the case and you weren't able to get ahold of him. The trustee will tell you if there is anything else that is needed.

[poorme]

Hopefully, you have some receipts for the repairs, etc that will help you substantiate the rest of the refund isn't there.

If the trustee said he wanted only part of your refund and you gave that amount, asking if they needed the entire thing...they said no, then you have a plausible excuse to spend the rest of the refund rebuilding your life. After you're discharged and closed, they can't keep coming back for more just because they made a mistake.

Stand your ground. If the trustee files any motions to re-open your case, you can always file a response to challenge, and go before the judge to explain your position.

[Minnymouth]

If the Trustee only asked for a CERTAIN AMOUNT, you gave it too him, and now decides he wants the rest, it's "sorry about his luck".

As long as you have receipts showing where it went (repairs etc) you will be okay I'm sure.

The trustee will have to reopen your case, and petition the court to take the rest of your tax refund (unless you give it too him willingly - personally I wouldn't!). Let the trustee "spend" his money to reopen the case!!

The trustee would have to explain to the Court WHY he asked for this amount first and now wants another amount later after the case is closed.

Was any of your refund exempt? (child credit, etc)....

Your attorney may try to charge you more for this little episode.... Ask him if it is necessary for him to go to court or if you can handle this yourself! Basically once your case is closed, your attorney is out of the picture and his duties are over. He will try to charge you additional for any further court proceedings. Really all you need to be able to do is stand in Court, tell the judge that the Trustee requested $$$, you sent it to him, and have receipts for the rest of the refund that you spent, as you thought you were free to do so.

Let us know what else your attorney says and how you handle this...

Minny