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    Just got released..

    Well about a week ago I got a request for more documents for my chapter 7 from a different trustee... So I thought.. Turned out it was a trial attorney for the department of justice that requested the documentation... Well needless to say.. I had a huge panic attic and thought about ending it.. Got committed to the mental hospital for 6 days... Today was my first day out.. Had to go to out patient therapy for the morning though..

    Got a response FINALLY from my lawyer who was out of town that the justice department pretty much looks over all cases with 100k in credit card debit that was aquired rather quickly.. as mine was with my gambling problem... I am still worried.. But not worried about going to jail like I was.. One could say I over reacted...

    I am doing much better today and that is all I am thinking about.. Today.. If the US justice department want tofight me fine... I may just try and dismiss my own case for the time being until I am more mentally prepared for the fight.. Can I even do that.. Dismiss my own case at this point.. We already had the 341 meeting??

    Regards
    Last edited by BassBoy; 09-30-2006, 05:35 AM.

    #2
    Hi BG!!

    I do hope you're feeling better, physically and mentally.

    Just wanted to let you know that our paralegal told us, when we signed out Petition, that the US Trustee's Office would review our filing. The UST's Office in our District is reviewing all Ch 7 filings.

    So, it's not just you. Could be your District is doing the same thing. Looking at all Ch 7 filings.

    According to this website:

    http://blog.startfreshtoday.com/

    while Ch 13 filings were greater than Ch 7 immediately after the Law was passed, Ch 7 numbers have crept up every month.

    If UST's Offices are gonna review every Ch 7 filing in their District, that's gonna be some busy people.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      Thanks for the get well... I am slowly but surely..

      Our case is now being checked by the US Justice Department.... Is this the same as the US trustee ?? The person checking my case is listed as a Trial Attorney..

      Comment


        #4
        One more question.. Can I have my own Chapter 7 case dismissed after the 341 has taken place by my lawyer filing a motion?

        Comment


          #5
          The UST's Office is a branch/part of the Dept of Justice. DOJ falls under the Attorney General of the United States.

          http://www.usdoj.gov/ust/eo/ust_org/about_ustp.htm

          Just because you've been contacted by an attny from the DOJ doesn't mean you're in any trouble at this point. The UST could have asked for some investigation in your case.

          Since you filed a "Voluntary" BK Petition, I guess you could ask your attny to withdraw your Petition. But that would open a whole 'nother can of worms. You'd no longer have the protection of the Automatic Stay, AND all penalties, lates, and interest that would have accrued will be added to all of your accts. PLUS, the Creditors will show no mercy at that point.

          Have you checked your case on PACER to see what's showing there??

          I noted you originally posted about the problems you had at your 341 on August 3rd. Monday, October 2nd will be 60 days for you since 8/3. You're very close to the end of your Objection period, unless the UST's Office calls for some sort of extention.

          Don't make a decision in haste. Be sure and talk this over with your attny. Consider all your options and the consequences before you decide what to do.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            Thank you so much for your response..

            The only reason I am thinking about withdrawing the case is that A I do not have the money for the 2 years worth of credit card and bank statements they want me to get.. Plus my home and autos are all current and have never been late.. Even since they stopped sending payments once they were notified of the BK.. We just call to get the amoun and mail in the payment.. Creditors I can handle.. New phone number and work will block their calls for me..

            My main goal right now is my sanity.. keeping my head on straight so I dont frighten my wife to death again is more important to me then any damn BK or creditor hounding me at this point.. Plus if I withdrawl I can file again in 6 months when we have all the needed documents.. It would be a shame to have gone all this way to back out... But I may need to if my anxiety becomes a issue again.. I of course will check with my attorney prior to making any rash judgements and talk with my wife..


            How do you join pacer to check.. I know the DOJ filed for a extension to December 2nd... Does this extension also apply to creditors?

            Comment


              #7
              nah, you couild have a million in credit and it wouldn't matter. Charges would only be if a creditor comes forward and says you lied on the app to get credit from them (eg: fake income). That's about it. Gambling, cars, whatever u used it for is irrelevant.

              I guess they want to make sure you aren't some drug cartel using the money quickly for drug import purposes.

              r
              Filed: 05/04/06 (los angeles)
              341: 06/05/06
              Discharged: 8/29/06
              Closed: 9/08/06

              Comment


                #8
                How much are the credit card and bank charging for your statements?
                *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                Comment


                  #9
                  Originally posted by badgambler View Post
                  How do you join pacer to check.. I know the DOJ filed for a extension to December 2nd... Does this extension also apply to creditors?

                  Figured it out but it is down..

                  Comment


                    #10
                    Originally posted by anonymuse View Post
                    How much are the credit card and bank charging for your statements?
                    122K all but 30k was supported by online casino records... 30k was done at the local river boat where I was not using a guest card.. Since I was trying to hide it from my wife at the time..

                    I would say 90k was in credit usage the rest in late fees and overthe limit fees for 6 months on 14 cards

                    Comment


                      #11
                      Gamber Here Too

                      nah, you couild have a million in credit and it wouldn't matter. Charges would only be if a creditor comes forward and says you lied on the app to get credit from them (eg: fake income). That's about it. Gambling, cars, whatever u used it for is irrelevant.
                      Thats a relief to know, Cuz all I've ever used my cc's for were for gambling, just in the past 2 years only, the years previous to that were to sup' up my car and misc stuff.
                      Gosh, I wish I could go back to those days when I cared about my credit!

                      Catchmeifyoucan
                      July 2006: Filed Ch13 :blink:
                      Oct 2006: Converted to Ch7 :clapping:
                      Jan 2007: DISCHARGED :clapping:
                      Nov 2007: CLOSED :yahoo::yahoo::yahoo:

                      Comment


                        #12
                        Hey BG, from one exgambler to another... it's not worth ending it over. I look at that sweet pic of your baby and I am so glad you are still with us. I hope the hopitalization helped and that they gave you some meds to help you get through this. I don't know the answers to all the other questions but I do know that putting a permanent solution on a temporary problem is not worth it.

                        I do understand because I remember obsessing that "ending it" was the only way out. It isn't and I am glad that you feel stronger. I'm pulling for you and sending a hug.

                        Comment


                          #13
                          Been Down That Path

                          I've thought about suicide myself, but something or someone is holding me back. It's hard to think about, but think about others in your life, how it would impact them. There are many people out there that offer support, even the people in here. I'm glad you survived. So someone or something is helping you out. Once one hits rock bottom there is nothing more left but to go up up up. Things always have a way of working themselves out!

                          Catchmeifyoucan
                          July 2006: Filed Ch13 :blink:
                          Oct 2006: Converted to Ch7 :clapping:
                          Jan 2007: DISCHARGED :clapping:
                          Nov 2007: CLOSED :yahoo::yahoo::yahoo:

                          Comment


                            #14
                            CatchMeIfYouCan posted a link that has an article about getting BK's dismissed:

                            http://www.thebklawyer.com/thebkblog/

                            Scroll down the page to an article posted on Aug 27th.

                            You may or may not be able to get your BK dismissed. Just depends on the Court.

                            I don't know if the DOJ/UST's office asking for an extension to the deadline for Objections opens you up to an extension for Creditors or not.

                            When PACER is back up and running, if you use a Debit Card as your form of payment, you'll be allowed immediate access to PACER. It's a one time thing. Once you log out, you cannot get back in until you get your User ID and Password. Using a Debit Card, PACER will email your User ID and Password within 24 hours. If you opt to pay by check, you won't get immediate access and you'll have to wait for PACER to snail mail you your User ID and Password.
                            Filed Ch 7 - 09/06
                            Discharged - 12/2006
                            Officially Declared No Asset - 03/2007
                            Closed - 04/2007

                            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                            Comment


                              #15
                              Just remember, suicide is a permanent solution to a temporary problem.
                              *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                              My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                              Comment

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