What is this Trustee doing? This is FRUSTRATING!

[rimi2001]

The turnover just happened this past week. We have not even had time to look into getting a lawyer. We cannot afford one anyways.

Your confused?!

[no_it_all]

We cannot afford one anyways.

Your first post mentions that the Trustee wants ALL the money in your bank account. Couldn't you use that money for an attorney or is it too late?

[HHM]

rimi...I think there is some confusion about what exactly your assets are...

First, what is the class action settlement you are referring to, and why does the class have a BK attorney.

Second, at the time of filing, what exactly was in your bank account.

Third, actually, the first request was the letter the trustee sent you, (and that is when you should have hired an attorney). The motion and order to turnover seems to have just happened.

[SinkingFast]

Your first post mentions that the Trustee wants ALL the money in your bank account. Couldn't you use that money for an attorney or is it too late?

There is a history here, NIA.

http://www.bankruptcyforum.com/showthread.php?t=5427

http://www.bankruptcyforum.com/showthread.php?t=7376

http://www.bankruptcyforum.com/showthread.php?t=7402

Those are the high points.

Basically, at this point, there is no money.

When Rimi filed, there was a paycheck, Hurricane Assistance money, and a Class Action Law Suit Settlement coming that were all not covered with Exemptions. That's the money the Court is compelling Rimi to turn over.

[rimi2001]

Yes, part of the hurricane assistance was from Fema and our insurance living expenses. That insurance is what she wants, not Fema.

Thanks SinkingFast for clearing that up.

[rimi2001]

Everyone keeps mentioning hire an attorney. Let me explain, we live in a hurricane Katrina hit area, the attorneys were not plentiful at the time and the ones that were working again were swamped and wanted big bucks! Some would not even talk to us becuase the BK was already discharged. We did not, literally did not have any money to pay a lawyer and nor were we in position to ask those close to us, because they lost homes or businesses. This was a rushed decision on our part and felt we had no other way to turn. Our lives were turned upside down and we had to make a spur of the moment decision to file or not because of the Oct deadline. And this is what we did. Now we totally regret it.

Can we talk directly to the Judge about this?

[rrockinggramma]

why not stump them all and convert to a chapter 13? That way you might still have to give up some of the assets etc, but stops all this mess and contempt of court and gives it to another trustee and judge?

[SinkingFast]

I don't know how much debt you discharged and how much money the Court is compelling you to turn over, but,...........

Maybe you can negotiate a settlement with the Court. Come to some $$$ figure that the Court will accept and allow you to pay in payments.

If you discharged $150K in debts and only had to pay $5K in an agreed upon Settlement with the Court, that doesn't sound like such a bad deal to me.

You are caught in the cross hairs of a New Law mandating that BK Courts crack down on deadbeat filers. I don't expect you would be able to walk away scott free even with an attny working on your behalf.

You had, or were going to have, cash assets you did not or could not cover with Exemptions. By Law, the Court can take that money. Trustees cut deals all the time. Maybe a negotiated settlement is something the Court would be willing to accept.

It's a thought??!!

[rimi2001]

Yes, you are correct and thanks for the good advice. We have a lawyer that will talk to us tommorrow for a free counsel. Very surprised he will talk to us at this point. Even got the guts to call the Trustee today, no answer and so far no call back.

Let yall know what happens.....