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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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I filed for a chapter 13 bankruptcy in Sep 1998 while living

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I filed for a chapter 13 bankruptcy in Sep 1998 while living in the state of Oregon. I have long since left Oregon and paid off the bankruptcy in Sep. 2002. At the time of my chapter 13 filing the bankruptcy court seized my 401k account. A family member recently filed a chapter 13 in Florida, and told me the court could not seize any of their 401k accounts. I know it's been awhile, but would I have any recourse in this situation?
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. That is correct as 401k assets are exempt. Likewise, though many years ave passed, fid your paperwork that has your case number. And then contact the court for the phone number of the US TRustee's office who still has authority to investigate any wrongdoing by he chapter 7 trustee.


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Customer: replied 5 years ago.
I called the local office of the US bankruptcy court in Minneapolis. They said they would not investigate the matter. I did find a letter containing the info for the original trustee which contains the case number XXXXX filed etc. Should I contact them directly, or will I get the same response as I did locally.
Expert:  dylatess replied 5 years ago.
The original trustee will surely not cooperate with you so I would not waste your time calling him. Likewise, if the US trustee gave you the brush off, you have no other avenues to pursue, I am so sorry. This is so unfair.


Best regards XXXXX XXXXX 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.