Hi again Fritz.
Have a "general bankruptcy question for you" that came out of a somewhat favorable hearing today.
I filed two motions that were heard today: Motion to for extention of time to Appeal on ALL issues ruled on either by written order or "orally" ruled on in open court without paying fees: Objected by the Trustee; however; overrulled by Judge in my favor;
Then; I had a motion to "Void" the previous compromise to pay the Trustee 10,000 whereas I used the wrong rule of law in error and my motion was denied for that reason.
However; my wife and I have been in contact with the Trustee since hearing today; and they would like to "avoid" dealing with the apeal on ALL the issues. They are willing to "Amend the settlement agreement" and further consider the amounts still owing to the Trustee for the buy-back of personal property to be "satisified" if we do not appeal the multiple "other" issues.
Here is the "general" question:
In the proposed "amended" agreement, the Trustee makes the following conditional statement:
"In the event that the Trustee identifies any property ("other property'), this Settlement shall not be binding on the Trustee as to the estate's rights in and to the other property, and such other property shall be made availabe for, and subject to, administration by the Trustee."
Having said that; what is the actual defination of "estate property" as our case is still open. In otherwords; suppose I was to go out and buy christmas gifts for my kids. Since the bankruptcy is still open; would these gift items become part of the estate because the case is still open and if discovered by the Trustee, as ascribed in the conditional terms quoted above; would be also subject to administration by the Trustee?