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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39177
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Chapter 7 Bankruptcy, Can a trustee come back over a year

Customer Question

Chapter 7 Bankruptcy,

Can a trustee come back over a year after a Chapter 7 bankruptcy is discharged & demand a tax refund that we were told we could keep? Our first trustee came back 13 months after the discharge & forced us into Chapter 13. We are now going to lose our house.

Please advise - thank you!!

Connie Schumann
Kansas City, MO
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

The trustee likely did not seek to dismiss the Chapter 7 due to your being told you could keep the tax refund, but rather because you didn't disclose the refund on your bankruptcy schedules.


If so, then the dismissal is legal, unless the trustee expressly induced you to violate the law to begin with by telling you that you did not have to report the refund amount.


If you had a lawyer or other person tell you that you did not have to report the refund, then you could sue that person for negligence. If that person was a nonlawyer, you could also report them to the county district attorney for prosection on a charge of unauthorized practice of law.


Re losing your house, it would be more likely for that to occur in a Chapter 7 than 13, so I don't know how you are connecting the dots on this issue. You would have to provide more info about the situation, for any sort of an analysis.


Hope this helps.


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