Case Update

[9877donna]

It looks like two of you are disappointed now...Colts win 29-17.

Oh sure,Rub it in why don't you!!

[kristineco]

The US trustee and her bankruptcy analyst are totally messing with me. They are not putting accurate information on my means test. I have very little patience left for all this crap. My hearing is next week and i think my lawyer wants to go for it even after we decided we would not. I just want my fair shake here. But it doesn't seem to matter what my lawyer and i do or what the numbers say the trustee seems to be manipulating the numbers to her benefit in order to force me into a chapter 13. Even with a means test showing that i only have 161 dollars left over in disposable income the trustee says i still have sufficient disposable income to fund a chapter 13. I feel so manipulated by these US trustees. I never thought bk would be easy but come on this has dragged on for a year and i see no light at the end of any tunnel. Peace out.

[kristineco]

Frustrated

You know that former post doesn't even begin to get my anger and frustration out. I am so exasperated at the manipulative, uncaring, cold behavior of the US Trustee and her bankruptcy analyst. My lawyer, bless his heart, is doing a great job and i do think that he and the trustee may be able to work out a compromise but i dont know.

The most recent calculation for a family of three (which by the way i am but not in the "traditional" sense) shows that my SO's income is overstated. They did not even include the correct health insurance amount. It seems they did it on purpose because they know the hearing is coming up next week and the judge wants the evidence a week before the hearing. Not enough time to change it without a hearing. I mean come on......$161 left over on the means test and i have as they say "sufficient disposable income to fund a chapter 13."

What do they want me to do grow money on trees? And this is after they wont even allow my car expense which my lawyer says they have to. So much confusion. At first i thought that the trustee would be fair but now i see that they are not. I lie in bed at night worrying about this hearing. I have had a cold for three weeks and i never get sick. My SO has a broken ankle and will be out of work for a month or more. I am so sick of all this mentally, emotionally, physically and financially.

I think they want my car that is exempt because if they push me to give up with all their tactics and then refile in 6 months it wont be exempt anymore because i will have lived in my current state for over 2 yrs by then. I know i sound paranoid........i am a mental health professional so i know i am sounding paranoid. The number speak for themselves. There is no flexiblility in the means test for income or expenses but these trustees just put on there what they want. I can hardly stand it any longer. The only thing keeping me from writing a nasty gram to the trustee is this board.

I thank all who listened to my rant.....again. And i pledge to myself to not behave like a three year old child not getting her way in front of any trustee, judge or lawyer in this process. Karma usually has a way of working things out. At least i hope so.

Kris

[kristineco]

Frustrated

Thanks everyone.

[Spartan]

"...$161 left over on the means test and i have as they say "sufficient disposable income to fund a chapter .."


Well, the cutoff is at $100. If you have $100 left over, then it is CH13.

I don't mean to pour cold water on you, but the trustee does not have to be caring or anything personal. The trustee works for the creditors, not you. Thus, don't expect the trustee to look out for you. Nothing personal. It is just advocacy at work there.

That said, it still has to be equitable and fair, as intended by the law. So, if the facts of your case are strong, I would go with the counsel of your lawyer and fight it. Trustees are not infallible. They are basically opposing counsel. If your lawyer's advice is you have a case to make before the judge, why not go for it? You don't have to bow down at the trustee's whimp.

Trustees have lose cases before.

[lrprn]

Your problem is showing $161 a month in disposable income. If your disposable income exceeds $160 per month, you fail the means test and the presumption is made that you can support a Ch 13 plan. If your disposable income had fallen between $100 and $160 per month (your lawyer couldn't have helped you find another $5 a month in expenses somewhere??), you would have continued on to determine your ability to pay your unsecured debts in a five year period. If you couldn't, then you pass the means test and could have filed Ch 7.

I agree with Spartan. To be pushed into a Ch 13 over $1.00 a month is hard to stomach. Review your expenses with your lawyer and head to court. Keep us posted on what happens, and hang in there. Vent here anytime - we want to be here for you whenever you need a helping hand.

[SinkingFast]

Have you seen the Means Test the Trustee is proposing??

Are you getting all of the Schedules Allowables for the Expenses there??