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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 05-03-2006, 10:03 PM
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Join Date: May 2006
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Tax Return


What is the name of your state? Ohio

My chapter 7 bankruptcy was discharged in December 2005 and closed in January 2006 and then re-opened in February 2006 because our federal income tax return was a significant amount higher than in previous years. Last week we received an copy of the proof of claim notice that went out to our creditors stating that our case, that was previously closed with no assets reported, now has assets available. My question is, how much time do the creditors have to respond to the proof of claim? If no creditors respond, do we get our tax refund back?

Thanks
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Old 05-05-2006, 11:24 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Normally parties in interest are given 90 days from the 341 meeting to file Proofs of claims. I expect that the 90 days now would run from the time the Trustee re-opened your case and notified creditors.

Only those creditors making claims will get paid. The Trustee gets his/her cut. You get back anything left over.
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