...I also had a few complexities with my case worth noting here...so that others can learn from my experience.
First off, I want to add that my meeting with the trustee was behind closed doors. I read on this forum where some people were questioned in an open room. That can be very intimidating and I was actually expecting this type of environment. There was a waiting room but the meeting with the trustee was in a private room with just him and your attorney.
Before going in, my attorney told me that the trustee ends all meeting by asking the debtor how they got into debt. I said 'ugh'. I had previously posted in another message on this forum that I am under psych treatment for post traumatic stress disorder resulting from losing both parents, going to combat in Iraq, getting married and then having a child--all very sudden life changing events which turned out to contribute to my debt. My attorney had with him a psych report that my psychologist provided and asked my permission to submit it, although he did not even want to reference it.
I was asked to raise my right hand and swore to tell the truth. I was asked a few questions about the accuracy of the schedules. I froze up in my answers because the trustee kicked off the meeting by telling us that I would have to pay about $200 more into the plan. I wondered how, and that preoccupied my mind throughout the meeting. The trustee had a very basic calculator sitting on his desk that he used to figure this using my paystubs and expenses. I'm thinking that maybe he went off the original schedules which we ended up amending before the 341 meeting. My attorney said he will run that to ground. He also cant see how I should pay more. At the meeting, we acquiesced in the trustee's calculations.
In my trustee's 'hi I am your trustee letter' sent out when I filed for bk, there was a list of required docs the trustee needed at least 7 days before the 341 meeting. Since I knew I provided all these docs to my attorney I assumed that my attorney would submit them. I was wrong and good thing I had my rather heavy 3-ring binder with me (see my post on getting organized for the 341 meeting).
On the spot, I had to submit 6-months of paystubs, market analysis for real or transferred property, and a worksheet which was attached to the letter where I input 6-months of gross pay, net pay, salary deductions and additional income. I filled this out for my attorney when I filed but something told me to fill it out again.
So we went in armed with the info even though it should've been submitted prior to the meeting. The trustee politely reminded my attorney this but since they appeared to have a good rapport, he did not ding him for it.
I was not asked about how I got into debt. Later in the parking lot my attorney admitted to me that he spoke to the trustee offline and explained to him that the nature of my debt circumstances is sensitive and to use discretion if he was going to ask me. Mabye the trustee recognized my sacrifice to this country and had mercy on me.
I firmly believe relationships matter. My attorney also had a no-show client. He told the trustee and the trustee told him just to re-schedule with his clerk. I was fortunate enough to have an excellent attorney who had a great rapport with this trustee with whom he can speak offline.
Before we left, my attorney showed the trustee my binder and joked I should apply for his position he is advertising for a 'bankruptcy analyst'. I actually brought this up to my attorney, that the position was advertised as he was unaware. He said I would be perfect for the job with all my attention to detail. The trustee was impressed with the binder.
Here are/were my complexities:
1. Amount of unsecure debt = 180k. Yes, a bit on the hefty side and very alarming. But this is a chapter 13
2. Two transferred automobiles, transferred for less than the market value, or zero, 2.5 months before filing
3. Pension fund repayment debt that can lead to an objection/adverserial proceeding -- (http://www.bkforum.com/showthread.php?t=43209) This pension fund attorney has already contacted my attorney on this when the fund received their notification letter. They want to know what my intent is. My attorney's position is that they were listed as an unsecure creditor and should submit their claim just like everyone else. One good thing my attorney did with this particular debt is how he listed in the schedules. In the column where you say what type of account it is, he wrote 'debt repayment to deceased father's pension fund'. This alone may have sunk the Fund's battleship by mitigitating the threat of an adversarial objection.
I'll keep you all posted with any developments and thanks to everyone for your support on this board!
First off, I want to add that my meeting with the trustee was behind closed doors. I read on this forum where some people were questioned in an open room. That can be very intimidating and I was actually expecting this type of environment. There was a waiting room but the meeting with the trustee was in a private room with just him and your attorney.
Before going in, my attorney told me that the trustee ends all meeting by asking the debtor how they got into debt. I said 'ugh'. I had previously posted in another message on this forum that I am under psych treatment for post traumatic stress disorder resulting from losing both parents, going to combat in Iraq, getting married and then having a child--all very sudden life changing events which turned out to contribute to my debt. My attorney had with him a psych report that my psychologist provided and asked my permission to submit it, although he did not even want to reference it.
I was asked to raise my right hand and swore to tell the truth. I was asked a few questions about the accuracy of the schedules. I froze up in my answers because the trustee kicked off the meeting by telling us that I would have to pay about $200 more into the plan. I wondered how, and that preoccupied my mind throughout the meeting. The trustee had a very basic calculator sitting on his desk that he used to figure this using my paystubs and expenses. I'm thinking that maybe he went off the original schedules which we ended up amending before the 341 meeting. My attorney said he will run that to ground. He also cant see how I should pay more. At the meeting, we acquiesced in the trustee's calculations.
In my trustee's 'hi I am your trustee letter' sent out when I filed for bk, there was a list of required docs the trustee needed at least 7 days before the 341 meeting. Since I knew I provided all these docs to my attorney I assumed that my attorney would submit them. I was wrong and good thing I had my rather heavy 3-ring binder with me (see my post on getting organized for the 341 meeting).
On the spot, I had to submit 6-months of paystubs, market analysis for real or transferred property, and a worksheet which was attached to the letter where I input 6-months of gross pay, net pay, salary deductions and additional income. I filled this out for my attorney when I filed but something told me to fill it out again.
So we went in armed with the info even though it should've been submitted prior to the meeting. The trustee politely reminded my attorney this but since they appeared to have a good rapport, he did not ding him for it.
I was not asked about how I got into debt. Later in the parking lot my attorney admitted to me that he spoke to the trustee offline and explained to him that the nature of my debt circumstances is sensitive and to use discretion if he was going to ask me. Mabye the trustee recognized my sacrifice to this country and had mercy on me.
I firmly believe relationships matter. My attorney also had a no-show client. He told the trustee and the trustee told him just to re-schedule with his clerk. I was fortunate enough to have an excellent attorney who had a great rapport with this trustee with whom he can speak offline.
Before we left, my attorney showed the trustee my binder and joked I should apply for his position he is advertising for a 'bankruptcy analyst'. I actually brought this up to my attorney, that the position was advertised as he was unaware. He said I would be perfect for the job with all my attention to detail. The trustee was impressed with the binder.
Here are/were my complexities:
1. Amount of unsecure debt = 180k. Yes, a bit on the hefty side and very alarming. But this is a chapter 13
2. Two transferred automobiles, transferred for less than the market value, or zero, 2.5 months before filing
3. Pension fund repayment debt that can lead to an objection/adverserial proceeding -- (http://www.bkforum.com/showthread.php?t=43209) This pension fund attorney has already contacted my attorney on this when the fund received their notification letter. They want to know what my intent is. My attorney's position is that they were listed as an unsecure creditor and should submit their claim just like everyone else. One good thing my attorney did with this particular debt is how he listed in the schedules. In the column where you say what type of account it is, he wrote 'debt repayment to deceased father's pension fund'. This alone may have sunk the Fund's battleship by mitigitating the threat of an adversarial objection.
I'll keep you all posted with any developments and thanks to everyone for your support on this board!
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