Total confusion. Help!

[widow]

I filed pro se chapter 7 in middle district of Florida December 10, 2012. Meeting of creditors was January 11. Deadline for creditors to object was march 12. I kept checking Pacer and nothing was updated except for reaffirmation hearing set for march 25. Today I checked pacer and found the following:

Under deadlines/hearings
341 meeting. Filed 12-11. Due set 01-11. Satisfied(blank) next box now says terminated 3/16

Under pending statuses.
Status Awaiting discharge
Begin date;
3/16
Time in status
2 days
Status set by:
Meeting of creditors held and concluded

Docket report:

The trustees hereby gives notice of recovery of assets in the instant bankruptcy case. The trustee respectfully request that the clerk of the bankruptcy court set a claims bar date And give notice of need to file proofs of claims to all creditors and parties and interest.
There is no document to view here.

This status sounds good but the rest is very very confusing. Like terminated instead of satisfied with the 341.

Can someone explain some of this to me?

[tobee43]

i have to edit this entire post..sorry! i'm not certain what it means, i at first thought it might be assets were recovered, but i researched and cannot get a definitive answer as to if that means assets were recovered or not. it just sounded that way, but i can't find a clear interpretation.

i have my fingers crossed it doesn't mean assets were recovered.

[AngelinaCat]

Unfortunately it sounds (reads) like some assets were found, and a new date has been set to allow your creditors to file objections to the discharge of their debt. And it sounds like the start date is March 16. It hasn't been determined yet if an additional 30 days, or 60 days has been added.

This happened in our case. Other than dragging out our Discharge date, it didn't cause any additional trouble. We didn't have the word 'terminated' in the order regarding our case, though, so on that issue, I am confused right along with you.

Good luck to you. I do hope I am wrong.

[LadyInTheRed]

I don't think it sounds like the creditors are being given additional time to object. The motion is for the court to set a deadline for the creditors to file proofs of claim now that assets have been recovered.

The trustee respectfully request that the clerk of the bankruptcy court set a claims bar date And give notice of need to file proofs of claims to all creditors and parties and interest.

Nothing about the extension of the deadline to object to discharge.

I think the word "terminated" means the 341 is completed.

[widow]

It is a no asset case. Would someone notify me if I had any assets or it now turned into asset case?

[tobee43]

you filed pro se, personally always risky IMPO, i'm not really certain how they contact the pro se'ers. our atty kept us informed all along the process. unfortunately, this is one of the draw backs of going pro se, not that it shouldn't be done, we have on this forum many success stories on pro se filers. it's just not for the weak of stomach, so to say.

while it's a "no" asset case, after the trustee's review they can change it from "no" asset to an asset case. i was afraid that is what you wrote might mean, that the trustees either the state or the us trustee found what they considered to be assets in your case. i would contact the clerk of the office to make certain.

[keepmine]

Is it possible that you have a tax refund coming that you didn't exempt?
Certainly contact the clerk or trustees office.

[widow]

Hello and here is an update. I called the Trustee's office to find out why this is now an asset case when it was not before. The lady on the phone was very nice and she said that they want 94.25% of my tax refund (even though I haven't filed yet) My husband died suddenly and I was forced into this situation. I was not sure what to do about filing because of a short sale of the house in my husbands name. He received a 1099-c for $184,000. I didn't know if tax would be owed and kept putting it off.

Also, the lady on the phone said they were going after Capital One for harassing me and calling my children and the woman who bought my house tying to collect money when my husband died and I couldn't pay them.

So, I need to send them the first three pages of my income tax return. They will take all the money and I still won't be able to take my dog to the vet.

Thanks for your help and suggestions.

[ace300s]

That's a lot of grief and worry you're going through....Please keep us posted. I'm sure a lot of folks are thinking about you on this forum....

Maybe ask the lady at the Trustee's office if there was any way to dispute the 94.25% given your situation?

Can you afford a tax person? If not, contact the free tax clinics in your area. At least you can find out where you stand..

Good luck

[tobee43]

i'm so sorry for your loss. i can't imagine how brave you are taking this all on yourself. i'm glad to hear it's just the tax refund. shoot...should have used it to hire an atty to do this for you...you have taken on quite a load.

sorry about your dog going to the vet i know here in florida there are some free clinics?? maybe somewhere near you they may have something like that?? ok you can call the vet and see if they can work with you.

[btbeme]

Regarding your 1099-c... If that was generated by the short sale on the house, you will need to have an IRS Form 982 filed along with your taxes. That will take care of any issues with that. Specifically, Line 1a refers to a debt that was forgiven as a result of bankruptcy.

But, as others have suggested, there are sharks in these waters and it is best to see a tax pro before filing.

Also.... Trustees are human beings. In this case it may not be a bad idea to contact the Trustee's office again to see exactly what they need from you. Perhaps, just perhaps, there may be an adjustment made due to circumstances. Don't bet on it, but it may not hurt to ask.

[widow]

Well I talked to the person who prepared my papers. I am going to amend my schedules and I will still be under the 5k in exemptions. My income tax refund will be around $800. I called the trustees office to see if I could amend and they said this happens all the time. I have been researching this and I am going to see it through. I have lost everything. I had to sell the house, move, be strong for my girls and keep working full time since my husband died. No time to grieve. I wanted this to be quick and relatively painless.

I filed in haste because capital one kept calling my kids and even the lady who bought my house. I made a mistake on not showing a possible income tax refund. Shame on me. Excuses don't count in this bankruptcy pro se thing. I knew it going in. But, I have nothing to hide and nothing left to give. I just want to do the right thing and go forward in peace. Is that so wrong?

[keepmine]

I just want to do the right thing and go forward in peace. Is that so wrong?

Not a thing in the world wrong with that statement. Good luck!