341 Tomorrow at noon for me and I'm filing pro se. I have nerves of steel so I'm not to nervous but I have my areas of concern. I'm sure the trustee will ask me to clarify a few things.
One thing is paydays loans which I took out in the 90 days prior to filing. These acually are continuation/reloans resulting and the results of daisy-chain of these loans going back much further than 90 days. I suppose I will just have to explain this when she asks and hopefully the circumstances will be considered. These were sort of the straw that broke the camels back and it wasnt going to look pretty no matter when I filed. And of course some of the payday loan vendors or thier representatives may show up. Who knows they may try to scream fraud or say I signed saying I did not plan on filing bankruptcy when during the loan.
I also am the beneficiary of a spendthrift trust fund. Beneficiaries have only been able to access per the strict requirements of the terms or at the trustees discression during extreme emergencies. I imagine she probably wont ask too much about it and safe it for the objection if she chooses to open up a hornets nest and object to it being exempt. Basically if we had inherited the money strait up or had access to it, I would not have accrued almost none of my current debt. Me and the other beneficiaries had looked into terminating the trust which we can do by agreement to modify or terminate the trust if it is not a spenthrift trust, but the one thing stopping us was the spendthrift status. This is one ace in the hole, if the trustee or court determine that it is not a spendthrift trust or its status was broken at some point, we will as soon as possible agree to break the trust. I'm sure she wont object to my exemption unless she is prepared for the hell of resistance that will come with it.
I do have a few questions I may ask the trustee but I'm not sure if it will be good to ask too much as I might look stupid or weak. So I will probably skip them.
I'm thinking it will be fast and simple and the fun stuff saved weeks following the meeting.
Wish me luck.
One thing is paydays loans which I took out in the 90 days prior to filing. These acually are continuation/reloans resulting and the results of daisy-chain of these loans going back much further than 90 days. I suppose I will just have to explain this when she asks and hopefully the circumstances will be considered. These were sort of the straw that broke the camels back and it wasnt going to look pretty no matter when I filed. And of course some of the payday loan vendors or thier representatives may show up. Who knows they may try to scream fraud or say I signed saying I did not plan on filing bankruptcy when during the loan.
I also am the beneficiary of a spendthrift trust fund. Beneficiaries have only been able to access per the strict requirements of the terms or at the trustees discression during extreme emergencies. I imagine she probably wont ask too much about it and safe it for the objection if she chooses to open up a hornets nest and object to it being exempt. Basically if we had inherited the money strait up or had access to it, I would not have accrued almost none of my current debt. Me and the other beneficiaries had looked into terminating the trust which we can do by agreement to modify or terminate the trust if it is not a spenthrift trust, but the one thing stopping us was the spendthrift status. This is one ace in the hole, if the trustee or court determine that it is not a spendthrift trust or its status was broken at some point, we will as soon as possible agree to break the trust. I'm sure she wont object to my exemption unless she is prepared for the hell of resistance that will come with it.
I do have a few questions I may ask the trustee but I'm not sure if it will be good to ask too much as I might look stupid or weak. So I will probably skip them.
I'm thinking it will be fast and simple and the fun stuff saved weeks following the meeting.
Wish me luck.
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