Utah Sample Letter regarding Discharge of Debtor and Order Approving Trustee's Report of No Distribution and Closing Estate
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How to fill out Sample Letter Regarding Discharge Of Debtor And Order Approving Trustee's Report Of No Distribution And Closing Estate?
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FAQ
Can a Bankruptcy Trustee Take Your Tax Refund After a Discharge? There are two types of bankruptcy for individuals, Chapter 7 and Chapter 13. The bankruptcy trustee can keep your tax refund in both, though with Chapter 7 it will happen only once. With Chapter 13, it can happen every year of your repayment plan.
The Trustee's Report of No Distribution, or NDR, lets the court and all interested parties know that no money will be paid to creditors. If a NDR is filed, the court will close the bankruptcy case shortly after the discharge has been entered. Unfortunately, you can only find the NDR by reviewing your case docket.
The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.
Chapter 7, entitled Liquidation, contemplates an orderly, court-supervised procedure by which a trustee takes over the assets of the debtor's estate, reduces them to cash, and makes distributions to creditors, subject to the debtor's right to retain certain exempt property and the rights of secured creditors.
Closing a Chapter 7 Bankruptcy After Discharge A Chapter 7 case will remain open after the discharge if the Chapter 7 trustee appointed to the matter needs additional time to sell assets or if the case involves litigation.
Whether the trustee can take money you receive after filing your case depends on whether you were entitled to the money at the time your case was filed and how it was listed on your forms, if at all.
Summary. Your trustee may exercise their legal function to review your finances including your bank accounts. However, they are not permitted to touch any of your funds. Unless, of course, you have stipulated that in your repayment plan.
When Lotto Winnings Aren't Exempt. Any winnings above your allowed exemption amounts go to the bankruptcy trustee to the extent necessary to pay your debts. However, if there is money left after all of your debts and the costs of the bankruptcy are paid, the excess will be returned to you.
