My wife and I filed for Ch 7 BK in December 2008. It was discharged in April 2009. Because of some deferred payments, the last money was sent to the trustee in March 2010. While there have been numerous motions filed by the trustee regarding the payees of the proceeds, we have had no communication whatsoever since then.
Yesterday, I got a call from the law firm we used to file. Apparently, the trustee has requested information on assets listed on the appropriate forms back in December 2008. I pushed back (and will speak to the attorney directly) since I've never seen the request and I do not believe the request to be reasonable. Among other things, he has asked to inspect a vehicle we listed on the form (presumably to determine value - apparently he has never heard of any internet based tools to do that like Edmunds, KBB, etc. Not only that, the car is no longer in our possession - we've long since traded it in).
Additionally, he has asked for an appraisal on a piece of jewelry that we listed on our original asset form (with a pawn shop value rather than appraised value clearly specified - at the specific advice of our lawyer).
I am of the opinion we should force the trustee to make this a formal request for information via the court system (rather than an informal email to our lawyer). The law firm is telling me that it's better to answer simple questions now than potentially more difficult (and numerous) later. My gut is that it's easier for *them* to handle it this way.
My questions are as follows:
- What is the typical timeframe to close a BK case after discharge? Is that solely at the discretion of the trustee or can the court decide that at some point? Can my lawyer push the issue?
- Is what the trustee requests reasonable? I feel like it's bordering on harassment at this point (with the implied threat that he can keep the case open and ask for whatever he wants for as long as he wants).
- If I answer his questions informally, am I setting a precedent for future questions? Do I have any leverage here at all?
I'm not looking for any legal advice here. I'm just looking for the thoughts from folks who have been where I am. Thanks in advance.
