QUESTION

I completed a chapter 13, but the trustee will not give me a dismissle letter after two years, can they do that?

Asked on May 12th, 2014 on Bankruptcy - Arkansas
More details to this question:
I do have a law suite pending against walmart. My attorney said the trustee must be holding my discharge letter until after I receive a cash settlement from walmart
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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That is because the cash settlement from your lawsuit against Walmart will be considered income within your chapter 13 bankruptcy which will be applied to your past debts. As this lawsuit was open during the time of your chapter 13 bankruptcy, your bankruptcy trustee will not give you the discharge letter until the settlement of that matter and the monies received from that settlement I used to pay back your debts. Once the lawsuit has concluded and the US bankruptcy trustee has taken the portion of the settlement that they will be using to pay back your debts and apply those your debts, at that point the bankruptcy trustee will send you your discharge letter. But until that money is obtained by the us bankruptcy trustee in dispersed your creditors, your bankruptcy is not actually discharged. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob
Answered on May 13th, 2014 at 1:50 PM

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