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We just find out from pacer that the final report from the trustee the tax refund will distribute to the creditor except

Colonial Heights, VA |

except one creditor after we got the discharge back in 2010 that creditor was discharge but the had provided information to the trustee that we should have the inventory , so the trustee had change that debt to secure debt what will happen now we never received any information from the court or from the trustee about this matter they did not give us a chance to approve that all inventory was sold before the banckrupcy but the computer was not updated because we need that money to pay for the mortgage and neccessary living that couple month before bankrupcy

the case si'm in chapter 7 got the discharge 6/2010 , but find out that the case still open now the trustee got to distrubte the money and they had one creditor change his unsecured debt to secure debt is this gone change any of the discharge the case still open waiting to close till now we had no asset accept the tax refund the house got tow loans and the loans amount more what the house value now . the tool company had provided an information from the computer that we should have an inventory but that was not right because all the inventory was sold before and the money we used to pay the living expenses . all the creditor was discharge on 6/2010 but what happen now when they got there loan secured with tools we dont have . are we have to pay this after we got it the discharge and what we can do to approve that there was no inventory

Attorney Answers 3

Posted

Discuss with your lawyer as your post - just one long sentence - does not make much sense. There is certainly no way to guess what assets you have or had, what the Trustee has an interest in, or anything else about your case beyond a tax refund will be distributed.

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there was no asset exepct the tax return the home already have second loan and both loan is more than what the house value , so we really didnt have any asset but that tool company for some reason the trustee change their debt to secure debt

Posted

It is not clear what you're asking. You mention final report in the first line and a couple of months before bankruptcy in the last line - where are you in the process? In a Chapter 13 tax refunds are taken by the trustee and distributed to creditors, above the pooled or percentage amount that the confirmed plan states that you will pay. You might be able to keep all or a portion of your tax refund by filing a Motion to Retain Funds. You should discuss with your attorney if such a motion is appropriate in your case.

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Posted

i'm in chapter 7 got the discharge 6/2010 , but find out that the case still open now the trustee got to distrubte the money and they had one creditor change his unsecured debt to secure debt is this gone change any of the discharge we got

Diane L Gruber

Diane L Gruber

Posted

No, a creditor cannot change from unsecured to secured after the BK is filed.

Posted

You posted this twice. Check out the excellent answers you got under the other post. Or, better yet, discuss this with your BK attorney.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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