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Chapter 7 - Asset to no asset...problems

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What is the name of your state? Ohio

We filed - Old laws 10/15/05
Meeting of Creditors 1/6/06 (Discharge s/b 3/6)
Chapter 7 - No Assets

We had to send the trustee our tax returns. Fed - Refund of 2600. / State we owe about 400.00

Today on Pacer our status changed to Asset and the letter went out:

I planned on him taking the refund...Though I have a few questions / concerns for the pro's. (I am trying to get our lawyer on the phone as well)

1. Will we be permitted to keep some of the fed return to use on what we owe to the state... If no, can we add that into the bankrupcy?

2. There were a few small bills / collections that weren't on the credit report but I've heard from in recent weeks. Since it was a no asset chapter 7 I didn't do anything. Can I do something now? Can they be added / should they.

3. Is my discharge date going to be put off longer?


Thanks for your help... Sorry about the wordy post.
 


Ladynred

Senior Member
1. Will we be permitted to keep some of the fed return to use on what we owe to the state... If no, can we add that into the bankrupcy?
Impossible to say whether the Trustee will let you keep $400 to pay the State taxes. No, you cannot add current tax debts to the bankruptcy, it would not be dischargable.

2. There were a few small bills / collections that weren't on the credit report but I've heard from in recent weeks. Since it was a no asset chapter 7 I didn't do anything. Can I do something now? Can they be added / should they.
Since your case is still open, add them. You may have to pay your lawyer to make the additions but it will save you arguments later.


3. Is my discharge date going to be put off longer?
Not necessarily, though the Trustee may delay closing your case until he gets your refund in hand.
 

chris7

Member
We have a Ch. 7 asset case. The discharge date should not be any different than for a no-asset, but the difference is that it will take a lot longer to officially close the case. Creditors have to send in their claims and they have a couple of months to do that, then the trustee has to get the payments to creditors approved by the judge... buthe back end of waiting for the case to close doesn't really affect you. Our case has been open for over a year now (hopefully we're nearing the end).
 
That's good news

I guess everything really counts from the discharge date... I don't really care if it's closed or open as long as I can start rebuilding my life...


Being open is just for review etc right? I don't have any reason to be worried, except for that discharge...

and now I guess adding in some bills I forgot that I didn't think I had to worry about.
 

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