Question about my trustee

[tatsu]

My wife and I filed and went to court in July of 05. We recived our discharge papers in Sept 05. Then the trustee sent us a letter in Feb 06 trying to go after us. Are they allowed to do this after the discharge???

I know that this is for pre-discharge but I dont think it fits under the post-discharge

[CATCHMEIFYOUCAN]

What are they going after you for? Did you hit the lottery!

Catchmeifyoucan

[HHM]

I second that, what are they going after you for.

Also discharge is different than closing the case, the trustee is still able to administer the case after discharge so long as it is open (you would know when the case is closed, because you would get an order closing the case, which is a different document than your discharge).

[tatsu]

Well they put that we had a prferental payment for a car to my mother-in-law and they want us to pay that 1000 even though we got rid of that car before the bk. I just was not sure if they go do that after we had our discharge.

[SinkingFast]

Yep.

Payments to Insiders (family, friends, close business associates) are considered Preferential. Any such payments made within 1 year prior to filing BK are fair game.

Your quickest, easiest solution is to pay the Trustee the $1K. If the Trustee doesn't get it from you, he/she will go after MIL for the money.

[CATCHMEIFYOUCAN]

My last day of objections from creditors was Jan 8th. Now the trustee has put a notice out that I might have "assets," although its a no asset case. I don't even own a house or a business. Just rent a small efficiency, So I really have no idea what the Trustee is digging for. I can think of one thing, the $700 I got back from my Ch13 Trustee after I converted to Ch7.

As far as "preferential payments," well excuse me, but I know I had preferential payments to certain creditors just before I file, how come the Trustee is'nt after them!

Good Luck, Catchmeifyoucan

[LostOne0069]

My guess as to whythey're not going after payments made to creditors but are going ofter the MIL... because they know they can't scare someone like citibank or Amex by just sending a letter saying "I'm gonna sue"... whereas they figure the MIL will cough up the cash to avoid being sued... even though the liklihood of a trustee actually spending the money that would be necessary to sue for the $1000 is actually very small.

Either way... the fastest and surest way to make it go away is to give up the $1000... it's not right... it shouldn't be... but sometimes life isn't fair.