Bankruptcy Asset Discovery Process

Summary

Trustees in Indiana can file a notice for proof of claim if assets are discovered, which may delay discharge. Its important to communicate with your attorney for guidance on asset recovery and potential creditor claims. Depositing a tax refund may complicate matters, but it doesnt necessarily ruin your case. Keep records and be prepared to provide funds if requested. If a trustee intends to dismiss your case, you should have an opportunity to respond. Stay in touch with your attorney for updates and advice.

Full Conversation

No. My attorney emailed me *.*.* stating my discharge of debts would be within a week. I received a notice from the bankruptcy court stating a notice of need to file proof of claim filed due to assets being recovered. I have not received any other communication from trustee or attorney. I am confused and worried
It sounds like your case has taken a turn with the recovery of assets. This can happen if the trustee finds non-exempt assets that can be distributed to creditors. Here are some key points:
- The notice to file proof of claim is standard for creditors when assets are recovered.
- Your discharge might be delayed until these claims are resolved.
Have you tried reaching out to your attorney for clarification? They should be able to provide specific guidance based on the latest developments in your case.
I sent an email. I waiting for response. I did receive my tax refund and deposited it in my account. I had reached out to my attorney asking when and where to drop off check. I was given the response to wait and see how much the trustee wants. I deposited the check so that I would not lose it, the dog eat it or it be stolen. Did I ruin my case ?
I understand your concern. Depositing the tax refund check might complicate things, but it doesn't necessarily mean you've ruined your case. The trustee's main interest is in ensuring that any non-exempt assets are properly accounted for and distributed to creditors.
Here are a few steps you can take:
- Inform your attorney about the deposit immediately.
- Keep a record of the amount and the date you deposited the check.
- Be prepared to provide these funds to the trustee if requested.
Have you heard back from your attorney yet?
I have not heard from my attorney yet. Yes, I am prepared to pay the amount of the tax refund. There was also some medical bills that my ex husband was responsible for a portion of. Is it possible that this is related ?
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It's possible that the medical bills your ex-husband was responsible for could be related to the need to file proof of claim, especially if those debts were included in your bankruptcy filing.
To better understand your situation, could you provide more details about the medical bills and any recent communications or notices from the bankruptcy court?
What kind of notice would I receive if the trustee dismissed my case ?
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If the trustee dismisses your case, you would typically receive a formal notice of dismissal from the bankruptcy court. This document will outline the reasons for the dismissal and any further actions you may need to take.
Have you received any recent communications or notices from the bankruptcy court regarding a potential dismissal?
No. Would I be given an opportunity to rectify or respond before my case was dismissed?
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In Indiana, if a trustee intends to dismiss your case, you should generally be given an opportunity to rectify or respond before the dismissal is finalized. This usually involves a notice and a chance for you to address the issues raised.
Have you received any specific communication indicating potential issues with your case?
No.
Case Rating: *
It seems like your situation involves a standard bankruptcy procedure with no immediate signs of dismissal. Keep in touch with your attorney to clarify any concerns and follow their advice closely. If you receive any new notices or communications, promptly inform your attorney for guidance.
So it is normal to have assets found days within it being discharged ?
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Yes, it is possible for assets to be discovered even shortly before discharge. Here are some points to consider:
- Trustees have a duty to locate and recover non-exempt assets at any time during the bankruptcy process.
- If assets are found, creditors must be notified and given the opportunity to file claims.
- Your discharge might be delayed until these claims are resolved.
Have you received any new communication from your attorney yet?