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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5142
Experience:  37 plus years of experience specializing in bankruptcy law
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I filed bankruptcy and have recieved my Discharge of Debtor

Customer Question

I filed bankruptcy and have recieved my "Discharge of Debtor" in a Chapter 7 Case. The discharge is dated 8/26/11. A few weeks before that date my Attorney contacted me regarding my car which has been paid in full for a few years. The trustee wanted $3,000 for the car since it was considered an asset. I have always paid all my debts and always had good credit but like so many others my job was effected and my ability to pay my debts became an issue. Anyway... upon reading the "Debts that are not Discharged portion of my Bankruptcy Discharge, it does not mention the car or payments for the car. I than did not hear anything from my attorney or trustee regarding my car. About a month after the discharge I called my attorney regarding my car and making payments. He said he would look into it and two weeks later I receive an "Order Granting Trustee's Motion for Turnover of Property". It is postmarked 9/29/11, I received it on 10/1/11 and it states that I must make payments of $250. on the first of each month until the full amount of $3,000 is paid in full The fist payment due is 10/1/1. It is not dated and only has my Attorney's signature. The signature lines for the Bankruptcy Judge and the Trustee have not been signed. If the Order was not filed prior to my discharge am I responsable for payments to the Trustee for my car?

Thank You
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 5 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. Yes you are as the car is an asset. And the discharge notice that you received is automatically generated by the court. But you will get subsequent notices as well as a letter to your creditors telling them about the asset. Likewise, and I do not intend to scare you but just tell you what the law is,if you do not make the payments to the trustee, he can go into court and get the discharge reversed as well as make a motion to have your case dismissed. Thanks for understanding. Best regards and I am glad  to help.  Please be so kind as to click the GREEN accept button as I do not get paid for my assistance unless you accept.   A bonus and and positive feedback are also appreciated.  An ACCEPT also assures that I can assist you again.  I wish you the best in the future.  Thanks.