Just got released..

[badgambler]

Thank you everyone for your replies... I think a judge would allow a voluntary dismissal in my case.. as I have no assests.. The case I read on that link were when people where trying to protect assests.. But who knows... All I know today I am feeling good and breathing..

Here is a copy of the note I sent my attorney on the matter...

Please forgive the intrusion, as I know you’re a very busy man just coming back from vacation.

Mr. ******

This current issue with the Justice Department has really sent my life down hill this past week. I was committed to ****** in **** for anxiety and addiction for the past 6 days. Upon reading that letter from the Justice Department I was swamped with the same old feelings of wanting to gamble my way out of trouble. That along with some pretty severe anxiety attacks at the same time, which had lead me to be hospitalized for six days. I am now very grateful that I took that break and did not revert back to my old destructive habits.



Sorry for the rambling..



My questions I need answered are..



Why is a Trial Attorney now dealing with this from the Justice Department, and is this normal for my type of case?


If I wanted to could I have you file a motion with the judge to dismiss the case to file at a later date in time when I am more mentally prepared? Also my wife is looking for work, which may let us go the route of a chapter 13 in some time.


I have provided you everything I can get my hands on. Is this enough?


My concerns are…



1. I can’t prove where every penny went. Since I gambled on the riverboats with cash advances and was not using a players card to be rated by the casino since I did not want some mailing showing up at my house for my wife to find.



2. That this entire process will put me back in the hospital or start me gambling again.



The last letter was set by my wife on my behalf while I was hopitalized. Please take the time to review my case. I am at the point now of just wanting to request a dismissal as I feel like a deadbeat and now a crook.

[badgambler]

By the way everyone.. Thanks for the kind words of encouragement.. It truly means alot to me at this point..

[JusticeForAll]

I bet more people think about suicide as an escape during BK more than you think.

I believe he already knows he needs to seek help, and has already done so by spending some time in the hospital.

We can't all know how people feel inside and what makes them tick. During times of financial stress people can become fragile, some more than others.

Let's not point out the obvious to him, let's give him some of the infamous BKforum support that this board is so well known for!

If ANYONE on this forum were down and out, we'd do the same for them!

BadGambler, I'm happy to see that you sought help for your feelings of despair. I know how stressful this situation is, and how bad you feel about it. Keep talking, to us, and to whomever you get support from. You need to lean on people now. Mistakes, we all make them. I am a true believer that it's never too late for anything and that YOU can make anything happen in your life that you want bad enough. I really believe that no matter how bad things get, there is ALWAYS HOPE!

This will pass, with time. Somehow, it will work out and you'll get through it. It may not seem like it at times, but you will.

I filed almost a year ago and was discharged about 70 days ago. I still cry about it! But guess what? I don't cry every day anymore! It doesn't sound like much, but for me, that's a HUGE improvement!

I hope for the best for you and if you ever feel like talking, PM me!

I'm glad you are at home today with your family and that you are still with us here on the board!

[SinkingFast]

Good thoughts, JFA!!

BG,...........

I did some research today about prosecutions related to BK Fraud. I really don't think you are going to have anything to worry about.

Cases I read today were where people hid assets and monies big time.

One case, the people did not disclose all their vehicles and a RV and time share and such that they owned.

One guy was a serial filer. 19 BK's. Yes, folks, that's NINETEEN BK's filed in multiple states.

When this attny representing the DOJ/UST get's done looking at the info on you, they are gonna see John Q Average Guy who lives in Hometown USA went on a gambling bender and sunk himself. Nothing else to find.

It's all just perfunctory.

[badgambler]

Thanks so much for the replies.. They really do help...

I am now thinking of letting this DOJ lawyer do his best... I have nothing they can selll except maybe some couches and a fridge.. House is mortgaged to the hilt and my cars are upside down... I filed alone without my wife since it was not her fault and she was not on any accounts or the house.. She has a broken down Taurus that I cant even start to run it off a cliff to get rid of it.."That is only in her name prior to us getting married".. So a title search may show that car registered to my property but not me... If that is the case... COME GET THE CAR.. BUT BRING A TOW TRUCK... lol

I just felt like a deadbeat filing in the first place.. then to feel like a criminal pushed me over the edge...Plus being a law abiding guy getting a notice from the DOJ is a bit scary...

I can see why they need more information.. I could be hiding 50k in a wall safe... But that is not the case.. Everything including imporvements to my home where done with our home equity loan...

Good lord.. Ever since I started going to group therapy I have been rambling.. But it helps..

Thanks again to all.. Today is a good day and that is all I care about..

[SinkingFast]

Good for you, BG!!!

That's the spirit!!

This is just some check boxes on the UST's "To Do" list. They wanna be sure you didn't bury money in Mason Jars in the back yard.

And you are so right. We are just regular folk. Not used to dealing with anything remotely legal related. So that part makes it even scarier. We don't know anything about this stuff. We don't work with it day in and day out.

Glad to see that today is another good day for you!!

[BassBoy]

BG,

Glad to see your taking each day, one at a time. It's nice to hear today is a good day for you. Please feel free to ramble anytime you wish. We all here to help one another.

LOL.....dare the DOJ to go toe-to-toe with you. He won't win.

[aa06a47]

BG, once this gets behind you, I would imagine you'll start smiling and start feeling better about yourself. You will realize that by filing bk, you did what you needed to do for your family and yourself. Taking your life would be so unfair to those who love you. You will not feel like a deadbeat, but will realize that you learned a valuable lesson. It is those who file BK and brag about that worries me. Your situation is temporary. You'll be back on your financial feet soon!!!

As you all know, I'm the poster boy for gambling. I'm just thankful I didn't have to go under the microscope that you have been subjected to. My debts were in the 150K range. I would say 140K of that was gambling over about a 4 year period.

[anonymuse]

And you are so right. We are just regular folk. Not used to dealing with anything remotely legal related. So that part makes it even scarier. We don't know anything about this stuff. We don't work with it day in and day out.

Sometimes they seem to treat BKers as their presumed guilty and have to prove their innocence. At least if you were arrested, you'd have a public defender provided to you free of charge. ;)

[badgambler]

Here is my letter from my lawyer... He finally got back to me.. You have to read it.. His answers are mixed in with my questions.. But you can tell what is going on... I am feeling better...

Another good day


Mr. ******:

I combined your last two e-mails into one; answers are below.

Before I forget, did you have your second counseling session, the financial management class? If not , you need to do so as soon as possible and provide us a copy of the certificate. (I did look through old e-mails and I didn't see an e-mail from you about the counseling, although I may have overlooked it.)

*********

On 9/22/06<email deleted> wrote:
Mr. *****
I have many concerns about the Subpoena for Documentation I received earlier this week, foremost being, why is the Department of Justice involved in my case and what are the possible ramifications to me because of this?

The Office of the US Trustee is part of the Dept of Justice. The US Trustee approves "interim" trustees, like Ms. ****, who apply for the positions of interim trustee; they monitor bankruptcy cases and have a right to audit attorney files to verify the accuracy of the information supplied to the attorney by the Debtor. With the large amount of debt that you have, a case like yours is often flagged by the US Trustee. They are on the look out for money laundering or fraud and want to make certain where and how the debt was incurred; hence the subpoena request.

Secondly, obtaining some of this documentation will be problematic for me. Obviously I will have no problem providing income tax returns, pay stubs and closing statements for my mortgages. But for the information that has been requested on bank accounts, I have never retained the monthly statements after reconciling my account, my bank(s) do not return canceled checks, nor do I keep old check registers. I am certain I could obtain past monthly statements from the bank, however I am sure the cost would be considerable, and obviously money is an issue for me. Do your best on providing what you can.
As for the credit accounts, is it possible for you send them letters requesting this information as I they have ignored all attempts I have made. We can do so.
Obtaining some of the required documentation on the vehicles is going to be difficult as well, I have some of the monthly bills for the Pontiac. As for the Durango I was issued a payment book from which I have used the last payment coupon. I have received no new bills/payment books for either of these vehicles due to the pending bankruptcy proceedings. Do the best you can.
And, as you know I have absolutely no documentation reflecting any of my gambling activity as I went to great lengths to hide this from my wife. They only "proof" I have would be on the credit card statements in the form of the numerous transactions listed as convenience checks, PPM, Epassport.com, Entropay, DGBKS.com and BBSUP.net which are all companies that issue "phone cards" that the online casinos accept for deposit into your account to gamble with. We have the statements previously sent to Ebner; we can submit the credit card statements and explain the charges.
I have been truthful about where this money went, but as I am having a difficult if not impossible time providing the required documentation, which is causing me a great deal of stress and adversely effecting my heath is it possible for me to withdraw my request for Chapter 7 and re-file for a Chapter 13 repayment plan after my wife finds work? Yes, but I wouldn't recommend doing so. Of course, I could earn a second fee if you filed a Chapter 13 but there is no need to do so at the present time. No one is picking on you; your debts total above the US Trustee's "magix number" of $100, 000.00 and that is why they are seeking documentation.
Please get back to me as soon as possible.
Regards,
*****
Mr. ****l.
Please forgive the intrusion, as I know you're a very busy man just coming back from vacation.
This current issue with the Justice Department has really sent my life down hill this past week. I was committed to Lyden Oaks Hospital in Naperville for anxiety and addiction for the past 6 days. Upon reading that letter from the Justice Department I was swamped with the same old feelings of wanting to gamble my way out of trouble. That along with some pretty severe anxiety attacks at the same time, which had lead me to be hospitalized for six days. I am now very grateful that I took that break and did not revert back to my old destructive habits. I am sorry to hear about your anxiety and I am glad that nothing further adverse occurred.
Sorry for the rambling..
My questions I need answered are..
Why is a Trial Attorney now dealing with this from the Justice Department, and is this normal yes for my type of case? The US Trustee assigns one of their attorneys to the file; we are not dealing directly with the Justice Department but with the US Trustee.
If I wanted to could I have you file a motion with the judge to dismiss the case to file at a later date in time when I am more mentally prepared? Also my wife is looking for work, which may let us go the route of a chapter 13 in some time. see answer above
I have provided What else have you provided besides what I sent to Ebner a while back? you everything I can get my hands on. Is this enough?
My concerns are…
1. I can't prove where every penny went. Since I gambled on the riverboats with cash advances and was not using a players card to be rated by the casino since I did not want some mailing showing up at my house for my wife to find. Understandable.
2. That this entire process will put me back in the hospital or start me gambling again. Only if you let it do so; it's up to you.
The last letter was set by my wife on my behalf. Please take the time to review my case. I am at the point now of just wanting to request a dismissal as I feel like a deadbeat and now a crook. Again, no one is picking on you; your case is simply a statistic that the US Trustee must deal with.

[BassBoy]

Sounds like your atty has reassured you that US Trustee (or DOJ) is not too much to worry about. On the other hand, I would take his advice and try the best you can to get all of the documents that have been requested.

As for wanting to withdrawal your BK petition, that's a choice you'll have to make, although you've come this far already, so why not see it 'til the end.

I am glad to hear you had another good day. Keep taking it one day at time.

[badgambler]

I have decided to go through with the filing and see what happens.. Trustee extension ends on December 1st.... So we shall see..

Thank you all so much for the kinds words

[anonymuse]

Hang in there!

[SinkingFast]

Your attny has told you pretty much what we've been prepared to expect.

Glad you've decided to hang in there and see how this all comes out.

Could be you'll get a GREAT Christmas present this year!!

[BassBoy]

Be strong BG. You will see this through.