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Irwin Law
Irwin Law, Attorney
Category: Bankruptcy Law
Satisfied Customers: 7312
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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We had a Chap. 7 discharged in 2007. Our attorney at the time

Customer Question

We had a Chap. 7 discharged in 2007. Our attorney at the time told us we could keep our $4,100 tax refund since it was so close to being discharged. Unfortunately, the attorney never filed the motion with the court about the tax refund. 13 months later, the Chap. 7 trustee came back wanting the tax refund. We had paid bills with the refund so we didn't have the money. The first trustee then FORCED us into a Chap. 13. Now, over a year into the Chap. 13, the second trustee wants to convert us back to a Chap. 7 UNTIL he found out I wiill be getting approx. $110,000 estate money from my mother's estate (she just passed this past Sunday).   Now they are claiming this money should be given to the bankruptcy estate. We have already surrendered our house, but the trustee is claiming it would take over $80,000 to satisfy the estate. I haven't seen ANYTHING in writing itemizing where this money would go. We don't understand why we can't just pay the first trustee the $4,100 he wanted in the first place, convert the Chap. 13 back to a Chap. 7 since our attorney screwed up by not filing the motion with the court about the first tax refund. We are feeling very helpless & don't trust our attorney any more. We feel they are in the trustee's "back pocket" and are not representing us at all. What options do we have??? Thank you SO much!
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Irwin Law replied 7 years ago.

I agree with you that the inheritance which didn't exist should not be subject to being brought back into your reopened Ch 7. The $4,100 refund was an asset subject to being brought back, so I agree with you that that is all you should be required to pay. Your attorney should make that argument to the bankruptcy judge. If your b/k lawyer doesn't think he's up to the job, keep interviewing new lawyers until you find one who will fight for you.


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Customer: replied 7 years ago.

Do you know of any reputable, experienced bankruptcy attorneys in the Kansas City, MO metro area? Our current attorney is through Castle Law & they are terrible. We are running out of options at this point & feel like we are doing this alone.


Thank you for your help - it is very much appreciated!!


Connie Schumann

Expert:  Irwin Law replied 7 years ago.

I apologize for not answering sooner. Computer problems. Here is a recognized registry of bankruptcy lawyers in Kansas City, MO.


Most bankruptcy work is handled by paralegals and secretaries. Your problem is much more complex and unusual.Therefore, you have to insist on talking directly to an attorney, and one with some experience in whichever firm you contact. Good luck.