Hearing was Today. Trustee was a *&^%$!

[buffee]

My hearing with the trustee was today. Wasn't nervous, scared....had vertigo when I woke up so frankly I was more concerned with my ears ringing & the room spinning.
Frankly most of the questions were fine, then he got into some other issues where is tone was VERY accusatory. I filed a malpractice lawsuit Nov. 2009 on my mom's behalf...she couldn't do it, because the surgeon injured her so severely he left her brain damaged and on a vent.

He said "Now your under oath".....what do you plan to get out of the lawsuit......I mean I was almost speechless, this guy HAS NO IDEA of what my mom has gone through, and what lengths I have had to endure to get her descent care. He doesn't realize my mom & I lived together the last 12 years and she is my BFF, and she took care of me thru 5 surgeries, jogged 5 miles a day, took care of 6 cats and ran the household BEFORE this so called doctor basically "killed her"

I was and am really outraged because in the last 2 years I have had NO one question my love & devotion for my mom. The facility she is in is 12,000 a month & it sucks...I do not want her to die there, I want her home with me and our cats...and 2 LVN's trained in Trach/Vents....12 hours shifts is almost 10,000 per month....this is what I told the judge.....and he said I am my mom's beneficary...my mom has nothing, we co own a 1971 double wide, she HAS NO assets, Medi-cal takes her 1451 per month as the "share of cost" I even have to pay 50$ per PT session out my pocket and I am disabled.....but I do it because she is my MOM!

I also just got awarded FINALLY after 3 years SOCIAL SECURITY..and they paid me retroactive SS for the last year which is EXTEMPT....my lawyer has to do an amendment, we did list it, but when we filed we didn't know the amount, and it showed up 8 days later....anyway I just had to VENT!!!!!! This man really upset me....maybe too many scammers......he made me guilty because I am disabled, been on worker's comp for 7 years and now get SS.

Yeah its been a real party, losing usage of both upper extremities and having to fight with every agency known to mankind attempting to get my mother the care she deserved......yeah been having a great time. \

Thanks for letting me VENT!!!! I feel better now

[justbroke]

You're right... he doesn't.

I am glad that you are calm now and bravo for taking care of your mom. There are many children that just won't do it. As for the Trustee, it is his job to probe. Even if the Trustee feels compassion for you, he must follow the law and find assets that belong to you or that you may inherit or otherwise win in a lawsuit. I don't know which words he used, but I hope that they were a little delicate in probing into that financial aspect of your life.

I'm sure that he wasn't trying to make you feel guilty, it was just the types of questions that they are required to ask. They are required to probe where they see money. Unfortunately, they have to leave all emotion outside the meeting room and find the facts of the case. Hopefully you don't need to return for any more 341 Meetings and your attorney will not only update the schedules and exemptions, but also follow up on any other Trustee requests.

Here's to hoping that you're a no-asset case! (Although the proceeds of a potential malpractice suit and potential insurance claims may exacerbate the situation.)

[AngelinaCatHub]

You're right... he doesn't.

I am glad that you are calm now and bravo for taking care of your mom. There are many children that just won't do it. As for the Trustee, it is his job to probe. Even if the Trustee feels compassion for you, he must follow the law and find assets that belong to you or that you may inherit or otherwise win in a lawsuit. I don't know which words he used, but I hope that they were a little delicate in probing into that financial aspect of your life.

I'm sure that he wasn't trying to make you feel guilty, it was just the types of questions that they are required to ask. They are required to probe where they see money. Unfortunately, they have to leave all emotion outside the meeting room and find the facts of the case. Hopefully you don't need to return for any more 341 Meetings and your attorney will not only update the schedules and exemptions, but also follow up on any other Trustee requests.

Here's to hoping that you're a no-asset case! (Although the proceeds of a potential malpractice suit and potential insurance claims may exacerbate the situation.)

This is a disturbing story. However, JB, I believe any award is the Mother's. This person my be suing on behalf of her Mother, but the award would be her Mother's if I am correct.

It would be damn right unjust that she should pay this out with her expenses and heart felt labors.

I know, the "letter of the law, vs the intent of the law". Sometimes just not make sense.

I wish our OP well as this person has hands full. The "intent" of bk is to give a person a new start. Not a good way to start out.

I pray for this person that better will come if this. 'Hub

[justbroke]

'Hub, it was irritating to me that the Trustee probed specifically into the area of the lawsuit and asked the poster how much "they" expect from the proceeds. For what it's worth, that tells me that the Trustee is interested in the lawsuit, albeit you are right that it's not the poster's lawsuit.

I too hope that the Trustee was just "probing" in the normal course of his job to insure that the debtor/poster wasn't hiding anything. It is a sensitive topic and I wouldn't want to be the Trustee. However, some of them are... well... not too empathetic to debtors no matter what the situation.

[buffee]

I'm suing on behalf of my mom..since shes brain damamged and cannot do it herself.....if I had to pay out any money to BK....I would shut down the case, this money needs to go for my mom's care and Medi-cal found out about it with 7 days after the 9 hour depo in January and if I win the case they want all money repaid...everyone has their hand out......
As far as my WC, I have been receiving it for 7 years and they are going to be paying me for another 4 years....everything I get paid is money I won't get in the final settlement, considering if anything that will not be until 2015....I don;t think BK can take your money 4 years later?
The trustee was very rude and NO he did not use his words carefully or very professionally for that fact. It is costing me another 157$ to have the ss ammended, even though it was ammended without an amount because we had no idea. BTW I am having to use alot of my retroactive s/s to pay out of pocket for my mom's care.....her insurance wants 50$ copay for each PT session...Medi-cal takes ALL her money every month...so I am going to give her PT at least twice a week for 2 months, thats 800$ but I need her to have it, she has slightly improved and PT will help otherwise they are just "housing" her to die.....I despise this system.....its a good thing I am disabled because being my mom's advocate is a full time job. I do nothing but write letters, go to appeal after appeal, beg, plead with insurance, medi-cal, medicare and I do alot of crying!

[buffee]

You all make me feel much better...knowing I have the support...this guy was positively a *(&^, I have delt enough with judges in appeals for my mom to know this guy was just being mean...I hope I do better on the stand in my mom's malpractice case. he also GRILLED me about how much I will get from my WC case in 2015...I told him I have No idea and either does my lawyer....this trustee just rolled his eyes and he said "you all answer that way" its true I have NO way of knowing what the hell the insurance company will do, they have mad my life hell for 7 years so I expect the next 4 to be as pleasant. Another thing every cent I get now(800$) a month---woo hoo!!!! is money I WON'T get in the settlement, I told him tohe truth I asked him if he would like to know what I wanted from the WC case....all I want is Life time medical because my injuries are extreme and very expensive and maybe a littl emoney for the fact that I can NEVER work in the only profession I was trained in....thats the truth!

[sunshinepa]

buffee........my heartfelt sympathy on all you are going through. Having nursed my father at home for almost a year with brain cancer, I can totally relate to how you feel about your mom and doing whatever you can to make life better for her. My father also lived w/me for five years and we were really close, I would have done anything to help him. My mother was "killed" in open heart surgery at age 61, we made the mistake of NOT suing.......we should have.

Like JB and Hub, I sincerely hope that the trustee was only doing his job and will realize that the money is NOT yours! I know that you are doing the right thing for your mother....go get em! You have a large burden both with your own health and your mothers issues but you hang in there!!

Please keep us posted, will be praying to see you post a "no asset" soon!!!

[IamOld]

bufee I can't even imagine what you're going through! But as justbroke said, the money isn't YOURS it's your mothers - besides, her expenses are so large that anything SHE "makes" would be eaten up by those expenses. Just make sure that the atty handling the suit and your Bk actually speak to each other if needed!!!!

[buffee]

Hopefully there will be no issues....that Malpractice case most likely will be years..it was only filed 11/2009...I guess its just eating away at me, his tone, I am really P****off......it honestly made me feel like he was questioning my love & devotion for my mom, and frankly he DOES NOT want to ever go thru what I have had to deal with these last 2 years....considering I was the one who convinced my mom to have this surgery, so I have to live with that. I see her 4 times a week and every time is a constant reminder of why I am suing.....I want her home with me and our 6 cats not in THAT place..... I had to give up alot to keep our home, since Medi-cal could care less if my mom losses her house, belongs or animals.....we HAD a two income household when this happened....I tried to make it on 800.00 a month(my WC) but after 1 1/2 years there was no way...I had to file a BK....I just had too many C/Cards(my fault) at least now I get WC(till 2015) and S/S, so I feel like I have some money to take care of my mom, Medi-cal takes every dime of her SS except 35$....I have had to pay for her glasses, clothes, pillows, lotions(3 kinds) @ 60$ per month and now thank God I got that retro active SS(16,000) because she needs PT(at 50$ a pop) and no one will pay so I am going to do it...because she needs it. I don't know if this trustee was trying to find money because he knows the SS & the WC is EXEMPT.....and he did get kind of irritated because I didn't know how muvh I would get from WC in my final settlement in 2015....do I look like I have a crystal ball???? Every 800$ I get in the last 3 years and till 2015, is money I WON'T be getting in the final settlement....because these are advancements....I would just be happy with life long medical for my injuries because I see 4 doctors a month and I take a boat load of meds, so without medical...it will cost alot. and thats what I told the trustee......what is he planning to do wait around until 2015? and I honestly do not think my mal practice case will be going anywahere for a few years, it never happens that fast unless they decide to settle which would be great, I could bring my mom home before christmas.
Thank you ALL for posting your kind words..it means alot...to have the support!

[buffee]

Well my attorney called me today, 4 days after the hearing and she said the trustee issued NO DISTRIBUTION, told her everything was in order and marked the case for discharge, so as of 9/26.....all will be good. woo hoo!!!!!!!!!! at least something good is happeneing

[justbroke]

Well my attorney called me today, 4 days after the hearing and she said the trustee issued NO DISTRIBUTION, told her everything was in order and marked the case for discharge, so as of 9/26.....all will be good. woo hoo!!!!!!!!!! at least something good is happeneing

I knew it would work out. The Trustee was just being thorough but arrogant and uncaring. At least the Trustee quickly realized that there was no money to be distributed (or poperty to be liquidated) and moved on.

Welcome to Club Sixty!

[tobee43]

Well my attorney called me today, 4 days after the hearing and she said the trustee issued NO DISTRIBUTION, told her everything was in order and marked the case for discharge, so as of 9/26.....all will be good. woo hoo!!!!!!!!!! at least something good is happeneing

buffee, you have been through so much. reading this thread was so pulling my heart strings. bless you for taking such great care of your mom!! we only get one of those!!

glad it will be over for you soon! best of luck and we'll be praying for you!

[sunshinepa]

That is wonderful news, so happy for you!!!!!!!

[chicagoannie]

Well my attorney called me today, 4 days after the hearing and she said the trustee issued NO DISTRIBUTION, told her everything was in order and marked the case for discharge, so as of 9/26.....all will be good. woo hoo!!!!!!!!!! at least something good is happeneing

buffee - I am so happy for you. I wish you happier and less stressful times in the future, and bless you for taking such good care of your mom!