A bankruptcy was filed in 2010 and a discharge was done in Dec of 2010 In 2011 a suit was filed against a trust for mishandelin: mishandeling the trust and a settement is due in Dec of 2011. Does the bankruptcy trustee have to get any of this----i d believe that they had left open this at the court. This was a trust which I was supposed to get by the death of my grandmother and mther however the trust mis handled and I am only to get 30 Thousand the attorney 30 and my sister 30 this is a death settement. Please advise
Nanina's answer: Your question is a little confusing -- was the trust already established when you filed bankruptcy? If so, it's likely that the Chapter 7 trustee has a claim to any proceeds that you would get from the trust. Even if the trust wasn't established when you filed the bankruptcy, the trustee might have a claim to it -- for example if the trust is something you only had a right do by virtue of your grandmother's death, and your grandmother died after you filed, that the bankruptcy trustee has a claim to any inheritance that arises within 180 days of when you filed the bankruptcy. Also keep in mind that just because your debts have been discharged doesn't mean that you're done with the bankruptcy. If the Chapter 7 bankruptcy trustee thinks that there are assets that can be collected, he or she will keep the case open even after the discharge is granted. If your bankruptcy case is still open, you can be sure that the trustee thinks he or she has a claim to something. You need to have an in-depth discussion with your bankruptcy attorney or, if you filed the case without an attorney, I would urge you to do a consultation with an experienced bankruptcy attorney.
Can a law office collecting a debt suspend your drivers license?: She called me at work and said a civil claim had been filed against me and I said I couldn't talk that were not allowed phone calls unless it's an emergency,then she called me at home and left a messsage saying she was from some assoc.law office and I needed to contact her asap, had my social and license number and said my license could be suspended.. can they do that ?? I know I owe money to some cash advance places but never recieved anything at all in the mail about this.
Nanina's answer: If it's not the original creditor who's making these calls, then it sounds as if the person is violating the Fair Debt Collection Practices Act. If the debts are routine consumer debts, such as credit cards or cash checking places, then there is no basis for suspending your license. In fact, a creditor can't take any action against you, such as garnishing your wages or seizing your bank account, unless it sues you and gets a judgment. The less scrupulous debt collectors will overstate what they can do in the hopes that you a) believe them and b) are scared enough to pay up. Good luck!
Means test calculation on chapter 7: When filling out the income portion of the means test..I only worked the 4 months prior so should I still divide the total income made during those four months by 6 or should I divide by 4?
Nanina's answer: All the income you made within the last six months is included and divided by six. The means test is looking for the average monthly income over the last six months, not your average monthly income during the months you worked. Your question suggests that you are attempting to do your bankruptcy without an attorney, which I don't recommend at all. Bankruptcy is a complicated area of the law and involves more than just filing out the forms. The means test can be a minefield, especially if you have to complete parts IV-VI.