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I was Discharged. Trustee sends a bill


susanp
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My Bk was discharged on December 5 2011. Today I recieved a letter from the Trustee requesting tha t I pay 13,000 because I had to much value in personal property. What do I do......I dont have a penny to pay this debt.

Edited by susanp
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Do you have a copy of your entire case?

If not, get one. Go to pacer.gov under your bk district and download it. It costs 8 cent per page but it is worth it.

The other way to get a copy is to contact your attorney, but it sounds like you either did this pro se or with a mill type attorney.

Don't mess with the Trustee. You've been discharged and that bill is due. See if you can make payment arrangements. Does the $13k also include your tax refund from last year or was that a separate request from the Trustee?

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Yep, sounds like your asset valuations (furniture, personal goods) were too high and you showed more than you were allowed to have according to your state's exemptions.

Used furniture has very little value unless it is some sort of rare antique.

Trustee's know right where to look. They get paid on a commission basis on how much they can recover from each BK estate. Many BK estates have no value so they only make about $60 per case so when they find a case that has actual value over and above the exemption amounts they go for it. First, because it is their job to recover $$ for the creditors (they represent the creditors) and second, because they get paid a portion of the proceeds they recover.

I'm sorry you are having to experience this, did your attorney contest the asset valuations at all? Did you have a personal inspection by the Trustee's appraiser? What does your attorney say?

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My BK attorney has passed away. I filed Bk in 2005 ....discharged in 2011

My personal property exceeded the allowable value because my lawyers did not separate items on Schedule B.

I do not have the money or many of the claimed items anymore.I was forced to sell some of the things that I owned and thought after the discharge I had the right to do so.

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  • 2 weeks later...

The other situation I have to deal with is I am under a court order not to dispose of any marital assets. I have been posting here about my husband who says I committed BK fraud.

Well now he is claiming all furniture is his.

I really cant continue with costs of lawyers......Sooooo frustrated

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