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    Very frustrated

    I'm just venting.

    I filed BK chapter 7 in October of 2006. I was discharged in March of 2007. I lost part of my tax return to the trustee at that time. The check was sent to the trustee and then the trustee refunded my exempt portion to me.

    Well this year I filed my taxes and am expecting a return. I planned on using the return to pay off the credit card we used for some car repairs at the end of last year. So we have been waiting to pay this months payments until we got our return so we could just pay it off. Well. Our return didn't come and didn't come. Finally I look online at it says that there is a problem with our return and to call this number. I called the number and they say that there is a hold on our return because of pending litigation, it looks like we are in a bankruptcy. He couldn't tell me anything more, but he did give me a different number to call. I can't get through the automated system at the differnt number to talk to someone about it because it hasn't been 6-8 weeks since our return was filed yet.

    So finally, I called our lawyer that we did the bankruptcy with. He is sending a letter to the trustee to make sure that she releases the hold on our tax return from last year. He also said he would mention it to her this afternoon at his 341 meetings.

    The partial return we couldn't exempt and a preferential payment (balance transfer) that our trustee went after have made our case an asset case. So we aren't closed yet, that could also be why the hold was never released.

    So I guess we are sending payments of to the credit cards this month and when we FINALLY get the return we will pay it off.

    But I'm sure I'll be getting a nice bill in the mail from the lawyer for his time to pull our file, email the trustee, and talk to her about this. Just what I need more bill for my bankruptcy lawyer a year after my discharge.
    Last edited by JollyGG; 05-20-2008, 08:53 AM.
    Filed: 10/26/2006
    Discharged: 03/05/2007
    Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

    #2
    Bummer, jgg . At least it sounds like you've worked things out and will get your return. Lots of hoops to jump to get there though, and to have to pay more to your lawyer as well....no wonder you are frustrated. Hang in there - glad you were able to vent about this. Keep us posted about what you find out, ok?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Sorry you are still going through the ramifications post BK. I appreciate you posting about it because it reminds us all to expect the unexpected. I hope this all gets worked out quickly.

      EP
      California Bankruptcy Central

      Comment


        #4
        ick. I am definately changing my exemptions about half way through the year to make it so I get nothing back & owe nothing for next year.

        They really need to just leave people alone and stop playing gods over troubled peoples lives.

        Comment


          #5
          Damn Bankruptcy. It's the gift that keeps on giving (or taking).
          sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

          Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

          Comment


            #6
            Your attorney should not charge you any additional fees as to items involved with your Chapter 7 unless you have a letter from him/her stating that any further action needed on his/her part after your discharge will result in additional fees. Your fee to your attorney at the time of retention for filing the Chapter 7 should cover all aspects of your case related to that Chapter 7 unless you and the attorney agreed otherwise.
            _________________________________________
            Filed 5 Year Chapter 13: April 2002
            Early Buy-Out: April 2006
            Discharge: August 2006

            "A credit card is a snake in your pocket"

            Comment


              #7
              Originally posted by Flamingo View Post
              Your attorney should not charge you any additional fees as to items involved with your Chapter 7 unless you have a letter from him/her stating that any further action needed on his/her part after your discharge will result in additional fees. Your fee to your attorney at the time of retention for filing the Chapter 7 should cover all aspects of your case related to that Chapter 7 unless you and the attorney agreed otherwise.
              My bk was dicharged over a year ago. Additionally my lawyer has always charged me hourly.
              Filed: 10/26/2006
              Discharged: 03/05/2007
              Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

              Comment


                #8
                Just thought I would give an update. I did eventually get my return. I had to call a special number. I couldn't even get though to talk to someone until six weeks after I had filed. So I impatiently waited out my six weeks and gave them a call. Once I put the call in she changed it in the computer right away and my return was direct deposited that same day. We never did get another bill from the lawyer. Thank the lord.

                I was worried that there would be problems with my stimulus check as well. However, we recieved that on friday and on saturday I bought my sister in law a lap top for her high school graduation (other family will pay me back for 3/4 of it).
                Last edited by JollyGG; 05-11-2008, 07:17 PM.
                Filed: 10/26/2006
                Discharged: 03/05/2007
                Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

                Comment

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