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    Court Tomorrow

    Well tomorrow is our court date with the judge. I am not feeling too optimistic as the trustee has been asking us for more and more information, some of which I will have to bring with me tomorrow. He asked for more bank statements, more utility bills, an IRS transcript. He all ready sent us a motion to dismiss since he did not get this information on the deadline, which was something between him and our attorney. I just think the trustee is determined to screw us over. Our attorney keeps telling us this is all normal, that it is not in anyone's interest for the judge to dismiss our case. My husband and I have no secrets - he is a tenured math teacher, and I am a Librarian trainee. We have both been at our jobs for well over ten years. My husband's job is very secure, so future income should not be an issue for us. Anyway, I will let you all know what happened, but like I said, this trustee is giving me a really bad feeling....(sigh).

    #2
    Hopefully it will go fine for you. I know I was nervous when I went to court, and we had all of our stuff turned in by the deadlines and stuff. Anyway the court wasn't bad I just had to stand up when he called my name and answer a few generic questions about filing (probably just for the record) and to make sure they had everything right. It wasn't bad at all, dreading it was worse than actually doing it. The judge went through a whole lecture about BK before he started calling people's names.

    I'm so glad our case is done. We made our last payment in October 09. It's a long road but you can do it. Good luck!
    Filed Chapter 13 10/4/04
    Completed Chapter 13 10/28/09
    Discharged 1/4/10!!!

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      #3
      I wonder if this is just an error on your attorney's side. I wish you well! Our court date was cut and dry too. The anticipation was much much worse than the event. I felt relief pretty quickly after too! It was finally over.. Good Luck!
      Filed 10/05/05.
      Discharge 1/12/11.

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        #4
        Court date? Are you talking about your confirmation hearing?

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          #5
          Yes - confirmation hearing. I am still up because I can't sleep - just want this over with however it ends up. Thanks, will let everyone know tomorrow.......

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            #6
            You'll be ok Nanzee. You are paying your attorney to take the heat and the stress. So long as you have been honest in your dealings, you should just breathe and ... try to get some sleep.

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              #7
              341 was even easier than court. It was very informal with the trustee just sitting there asking a few questions with a recorder running, just be honest and there's nothing to worry about.
              Filed Chapter 13 10/4/04
              Completed Chapter 13 10/28/09
              Discharged 1/4/10!!!

              Comment


                #8
                Well another fun day in chapter 13. First off, the trustee I have to deal with, he is just one piece of work. We walked into the courtroom and he was all ready screaming at the attorneys, just like he was at the 341 last month. I respect the guy's position, but he has no respect for anyone else. Very much a loud-mouth, likes to throw his power around kind of person. He does not speak to anyone in a respectful manner, except the judge, and boy did I like the judge. So anyway, the mood was all ready set for all of us in the courtroom thanks to his ranting and raving. My attorney informed my husband and I that our 2nd mortgage filed an objection yesterday afternoon, so we are re-convening in March. The trustee said he is waiting for one more document from us, but that is all - the document is a bank statement that my attorney all ready gave him, so whatever, our attorney said he will just give it to him again. The judge was great - he questioned the trustee on several of his objections, and actually sided with attorneys more than once, so that was good to see. Our attorney said not to expect this to be resolved in March either, but that's what we hired him for, to cram down the 2nd, so I am still on this Chapter 13 train ride I guess, next stop, who knows, lol. Thanks to all as usual, and good luck to everyone else as well!

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                  #9
                  Originally posted by Nanzee View Post
                  Our attorney said not to expect this to be resolved in March either, but that's what we hired him for, to cram down the 2nd, so I am still on this Chapter 13 train ride I guess, next stop, who knows, lol.
                  Hang in there, Nanzee. We took a long ride ourselves with three objections (see my sig) but in the end after 15 months, two lawyer briefs, and a hearing in front of our bk court judge, we were finally confirmed.

                  You can't control this process, so don't waste your energy fretting about it. The court is going where it wants to go and will take its own sweet time doing it too. Shift that worry stress into your all-important budget and emergency fund - those positives you *can* control and they will pay huge dividends along the 13 road too.

                  Remember we're here whenever you need to vent or just want some friendly company
                  I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                  06/01/06 - Filed Ch 13
                  06/28/06 - 341 Meeting
                  07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                  10/05/06 - Hearing to resolve 2 trustee objections
                  01/24/07 - Judge dismisses mortgage company objection
                  09/27/07 - Confirmed at last!
                  06/10/11 - Trustee confirms all payments made
                  08/10/11 - DISCHARGED !

                  10/02/11 - CASE CLOSED
                  Countdown: 60 months paid, 0 months to go

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                    #10
                    Thanks Irprn! I am going to really try to take your advice about "letting go" because I really can't do anymore than I all ready have. It's unfortunate that the trustee is such a monster, but the good news is the judge was really wonderful, and I suppose that could be more important. And more important than any of this is keeping my sanity so I can keep taking care of my daughter and all of her needs (she has autism, and other neurological problems). Getting ready now to go drive to work in the snow (whoo hoo!)

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