apealing a trustees order

[needhelp]

Hi I need some help. The trustee in my 7 case has decided to take 1350.00 that I get from annuities monthly. My lawyer says ther is nothing i can do. My means test showed 111.00 left with this income and -676.00 without. (we did this on our own just to see). Is there anything I can do? Can I appeal this order? What are my options?Without this money i will loose my house.

[FilingOnMyOwn]

You would have to, you don't really have a choice.

[needhelp]

Well my lawyer says there is noting i can do to stop this.

Another lawyer says i can file an appeal.

Im lost this has been the most stressfull thing i have ever done and im to my breaking point.

Can I contest this and how?

[tradewiz50]

Hi I need some help. The trustee in my 7 case has decided to take 1350.00 that I get from annuities monthly. My lawyer says ther is nothing i can do. My means test showed 111.00 left with this income and -676.00 without. (we did this on our own just to see). Is there anything I can do? Can I appeal this order? What are my options?Without this money i will loose my house.

You filed Chapter 7. You gave all financial rights to the Trustee. You have no choice.

[needhelp]

So the trustee can force me to loose my house. This was the point of filing so this wouldnt happen. Im am just digusted with this. I would have been better if i had just not filled.

[Interlaw]

So the trustee can force me to loose my house. This was the point of filing so this wouldnt happen. Im am just digusted with this. I would have been better if i had just not filled.

Depending on the details of your case, you may be able to convert to a Chapter 13 and save your home. Given that this hasn't been suggested by your attorney, you may want to speak with someone else.

Brett Weiss
[email protected]
************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** ***************

[FilingOnMyOwn]

Conversion to a chapter 13 is probably good advice. With all the money they want to take from you, you may as well be in a chapter 13 and be protected.

[davids]

trustee

Hi I need some help. The trustee in my 7 case has decided to take 1350.00 that I get from annuities monthly. My lawyer says ther is nothing i can do. My means test showed 111.00 left with this income and -676.00 without. (we did this on our own just to see). Is there anything I can do? Can I appeal this order? What are my options?Without this money i will loose my house.

trustee is just going to take it for one month, right?

[CATCHMEIFYOUCAN]

Hi I need some help. The trustee in my 7 case has decided to take 1350.00 that I get from annuities monthly. My lawyer says ther is nothing i can do. My means test showed 111.00 left with this income and -676.00 without. (we did this on our own just to see). Is there anything I can do? Can I appeal this order? What are my options?Without this money i will loose my house.
I hope that is a one time thing, since you are filing for Ch7. And I hope you don't lose your house! By the time they figured out your "disposable income," they must have seen this as "extra," money coming in. I'm sorry to hear that!


My means test showed 111.00 left with this income and -676.00 without.
My means test was the opposite, it showed a negative disposable income. Yet my real life budget showed way more. The new laws are just all screwed up. Congress never thought much about it, they just signed away and let it fly.

Good Luck my friend, don't dispair, things have a way or working themselves out in the end, no matter how stressful and frustrating this all is.

[Minnymouth]

Yes you can file an appeal, you attorney will charge more for this I'm sure......

Also, I would find out why your attorney did not notify you that this would happen before you filed???????

You may have to convert to a Chapter 13 to protect your home.............

[needhelp]

trustee is just going to take it for one month, right?

no for 28 months

[needhelp]

My attorney say this is not an appealable order. and cant file 13 because some debts were discharged. I am so screwed. He told if i thought i was miss led i should take action against him. Good luck trying to find someone to take that case , well happy happy joy joy.

[AMISLANDER]

Question

My attorney say this is not an appealable order. and cant file 13 because some debts were discharged. I am so screwed. He told if i thought i was miss led i should take action against him. Good luck trying to find someone to take that case , well happy happy joy joy.

Are you filed yet? because I know you can switch before the paperwork is filed....?

[SinkingFast]

My attorney say this is not an appealable order. and cant file 13 because some debts were discharged. I am so screwed. He told if i thought i was miss led i should take action against him. Good luck trying to find someone to take that case , well happy happy joy joy.

I guess I'm not following.

You were granted a Ch 7 Discharge but the UST is gonna take your Royalties money for 28, 29, 30 months??!! Basically, you now have a Ch 7, Asset case??

[needhelp]

I guess I'm not following.

You were granted a Ch 7 Discharge but the UST is gonna take your Royalties money for 28, 29, 30 months??!! Basically, you now have a Ch 7, Asset case??

Correct