QUESTION
How/Why can the Bankruptcy court/Trustee come back and 2 months after your discharge and request your w-2''s and all information reference your taxes?
Asked on Apr 10th, 2012 on Bankruptcy - Indiana
More details to this question:
If your monies are spent to catch up household expenses that fell behind while going through the bankruptcy, what happens next. I am a divorced mother of 4, 2 in college, and a toddler; in which i''m not receiving child support from my toddlers father and my ex-husband owes 40k in back child support and we had been in litigation for 8yrs and I settled for 28k a yr ago and he is suppose to make monthly payments which during my bankruptcy he went into contempt again and is 2mos behind. I live from check to check, I have no vehicle, and he''s partially the reason for my filing bankruptcy. I almost was evicted going through the bankruptcy and had to catch up rent and utilities..what am I to do?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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The Trustee has a right to request any information at all related to your finances and bankruptcy case. The discharge has nothing to do with the Trustee's duties or the timing.
I don't really understand your question regarding "monies spent catching up" . Is the Trustee asking for tax return information for 2011? If you were entitled to a refund for a period prior to filing your bankruptcy case, then the Trustee is entitled to that unless you exempted it in your bankruptcy papers.
In short, there really isn't enough information to answer your question. You should consult with an attorney in your area to more fully assess your situation and see if there is really an issue here that you need to deal with.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/
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Answered on Apr 10th, 2012 at 8:56 PM