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dylatess
dylatess, Attorney
Category: Legal
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Experience:  35 plus years representing clients with their legal issues
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I filed for Bankruptcy Oct. 5, of this year. I have my creditors/trustee

Resolved Question:

I filed for Bankruptcy Oct. 5, of this year. I have my creditors/trustee meeting on Nov. 26. I used an online preparer so I have no attorney. After I filed I got a notice that I could take a lump sum payment or a monthly annuity from a pension I previously could not take any money out of. I opted for the one time lump sum payment which I will receive on December 1, 2012. What do I need to do now since I didnt have this info when filing. Also, is there a list somewhere I can find to let me know what to bring to the trustee meeting.
Submitted: 1 year ago.
Category: Legal
Expert:  dylatess replied 1 year ago.
Hello and thank you for your question. For over 34 years I have answered questions just like yours. And I look forward to assisting you.
For the trustee's meeting, there is no list. Instead, you will be asked the following standard questions: have you listed all of your debts, have you listed all of your assets, does anyone owe you any money, are you expecting to receive an inhertance, are you expecting to receive a tax refund. These are the standard questions. And when you are asked about your assets, tell the trustee about the money you receive and he will then tell you that you need to file an amendment to your bankruptcy which your prepare can help you with. If your preparer cannot, you will need to find a paralegal or typing service.
Customer: replied 1 year ago.

so then they can take this money?


 

Customer: replied 1 year ago.

can I file the amendment before the meeting?

Expert:  dylatess replied 1 year ago.
If it is more than $12000, the money becomes the property of the bankruptcy estate and is used to pay something to your creditors. Likewsie, if you do not disclose it, the trustee will eventually find out about it and will move to dismisss your bankruptcy and charge you with bankruptcy fraud which is not a good thing at all!
dylatess, Attorney
Category: Legal
Satisfied Customers: 4639
Experience: 35 plus years representing clients with their legal issues
dylatess and 5 other Legal Specialists are ready to help you
Expert:  Terry L. replied 1 year ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

You should bring your ID, your social security card, proof of your current income, and your bank statements that cover the date of filing for the trustee.

Terry L. :

These meetings are usually 10minutes long, and the trustee reviews information about the petition and your repayment plan to the court.

Terry L. :

The withdrawal shouldn't affect the case, you wouldn't have to disclose it on the petition since it occurred after filing. You can use the funds to fund the chapter 13 plan if you wish.

Terry L. :

You can tell this to the trustee at the meeting, but it shouldn't impact the plan calculations.

Terry L. :

Let me know if you have any other questions. thanks

Customer: replied 1 year ago.

Terry I have filed chapter 7 so there is no repayment plan. Another attorney responded and said they will take it to pay creditors????


\

Expert:  Terry L. replied 1 year ago.
I will opt out as the system erred in allowing me to answer.

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