Objections...

[marzipan13]

Can someone please clarify for me....

I'm new to the BK process, going pro se, and going crazy trying to research everything so that my case is a smooth ride... but I see people posting about objections and I'm a little confused.
Plus, I've recently learned that my BK guide book is only making me more paran oid! (it states I need to contact trustee for permission for any payments made other than gas or food!)

So, the creditors can make objections and the trustee can make objections, correct? They are 2 separate things, or are they the same thing?

I'm a little familiar with how/creditors make objections... if they suspect they were defrauded (large luxury items purchased sonn before filing, fraud when acquiring the debt, misrepresenting financial status - PLEASE CORRECT ME IF I'M WRONG).
But what are the trustee objections? Do I receive them or the creditor?
If I receive an objection, how would I handle it?

[CATCHMEIFYOUCAN]

Objections

I can answer some of your questions briefly but others will sure to chime and tell you what they've experienced:

Can someone please clarify for me....

I'm new to the BK process, going pro se, and going crazy trying to research everything so that my case is a smooth ride... but I see people posting about objections and I'm a little confused.
Plus, I've recently learned that my BK guide book is only making me more paran oid! (it states I need to contact trustee for permission for any payments made other than gas or food!)
If you want to purchase a car, you need permission because that is an added debt, you are not allowed to create new debt while you are in BK (especially Ch13). Now if you buy a camera (lets say a digital camera for about $50 cash at a garage sale, I really don't think the trustee needs to know.

So, the creditors can make objections and the trustee can make objections, correct? They are 2 separate things, or are they the same thing?
They would be 2 separate things.

I'm a little familiar with how/creditors make objections... if they suspect they were defrauded (large luxury items purchased sonn before filing, fraud when acquiring the debt, misrepresenting financial status - PLEASE CORRECT ME IF I'M WRONG).
But what are the trustee objections? Do I receive them or the creditor?
If I receive an objection, how would I handle it?
The most common objection the Trustee would object to is the payment plan, for example my attorney submitted a plan for me to payback $250 a month. The Trustee objected because my actual schedules I and J showed I could pay $800 a month! So I ended up in court before the BK Judge to decide for us. End result, I converted to Ch7 and owed nothing!

Best of Luck, CMIYC

[marzipan13]

ch 7 trustee objections

would there be any reasons that a trustee would objection to something in a ch 7 case?

What would I need to do for either a trustee or creditor objection?
Can these objections normally be handled before the discharge date?

[lrprn]

would there be any reasons that a trustee would objection to something in a ch 7 case?

There are many reasons a trustee can object to a Ch 7 case. If your forms are filed wrong, if forms are missing, if the information on them is suspect, if the information on them is incorrect, if you use your full social security number on the forms....the list goes on and on.

What would I need to do for either a trustee or creditor objection?
Can these objections normally be handled before the discharge date?

If an objection is filed against you by a creditor or by the trustee, then since you are representing yourself, you will have to respond to them by filing legal forms in court. Depending on the reason, objections can slow the bankruptcy process down enormously.

Since you aren't a lawyer and the people filing objections have lawyers or are lawyers themselves, that puts you at a huge disadvantage. If you do get objections, that's the time to find a bk lawyer to represent you (if one will take you on after you file yourself...some bk lawyers won't).

Here are two excellent books that will help you file Ch 7 pro se if that what you really want to do - each is about $25:

The Nolo book "How to File for Chapter 7 Bankruptcy" at http://www.nolo.com/product.cfm/Obje...51A79/213/161/

Daniel Sitarz's Personal Bankruptcy Simplified at http://www.amazon.com/Personal-Bankr...3421841&sr=1-5

Get both books and see if you think you can do what has to be done to file by yourself. It's $50 well spent!

[frankies_mom]

With objections... if you do not see anything on PACER and your attorney has not called with any objections by creditors are you safe to assume so far so good? I was going to call my attorney's office but then didn't want to jinx myself!

[freshstart06]

Please just relax, don't worry about something that has not nor may happen. Try to enjoy your life, find a hobby, try not to think about it. Worring about it is not going to do anything. I decided when my meeting is done and over, I will look at pacer only to see if he file no assets and then to see if the case discharged. other then that, I refuse to stress over it. There is nothing I can do, my part would be over. I decided to only think positive about this and let it go. I now it is easier said then done but use that energy towards something positive. See your case discharged and refuse to think otherwise. If something comes up then address it at that point. If you have nothing to hide then most likely you have nothing to worry about.

[frankies_mom]

Thanks freshstart! I appreciate the pep talk. Sometimes it is easy for me to let my imagination run away with me!

[Beach Bum]

I currently have a creditor objecting to my Attny. Crapital One, I basically maxed out the card 3 months before I filed and they want me to settle. My Attny responded to their first letter for a cool $300 extra. Thanks. And they've still not gone away.

My Attny isn't giving me any guidance on this and his paralegal just keeps asking me what I want to do?

How am I supposed to know what to do? Aren't they supposed to advise me?

CapOne wants $1500 from me? Why would they waste their time for that amount?

[manglicmot]

I currently have a creditor objecting to my Attny. Crapital One, I basically maxed out the card 3 months before I filed and they want me to settle. My Attny responded to their first letter for a cool $300 extra. Thanks. And they've still not gone away.

My Attny isn't giving me any guidance on this and his paralegal just keeps asking me what I want to do?

How am I supposed to know what to do? Aren't they supposed to advise me?

CapOne wants $1500 from me? Why would they waste their time for that amount?

Creditors don't object to attornies, they object to the judge. I don't know why a paralegal would be asking you what to do either, but I'm not sure what your situation is. If Cap One objected, then you are going to another hearing in court. If they wrote a letter to your attorney asking for a settlement, then you should just ignore them unless you want to pay them back.

[CATCHMEIFYOUCAN]

BEACHBUM

I would think at this stage of your BK, let the attorney communicate with CRAPone (LOL). Do not communicate with them that is what you have an attorney for. IF you are filing Ch13, the creditor can object (to the plan), but most likely because you are paying them back something through Ch13, than the judge COULD reject their objection. Someone correct me if I'm wrong - I know all situations are different (for example: if you maxed out that card just before you filed like a big cash advance, than the creditor will have to prove it was fraudulent and you would end up paying them back - or settling for less.) There's a rule about cash advances 60-90 days just before you file.

Best of Luck, CMIYC

[SinkingFast]

Beach Bum,................

At this point, CapOne is haggling with you. There hasn't been a formal Objection filed. Yet.

Many times, when the Creditor thinks they have a leg to stand on, their attny will approach your attny to settle the dispute prior to filing an Objection.

Settling is quick, easy, and much, much cheaper than filing an Objection. For both the Filer and the Creditor.

CapOne's attny in your area is on retainer to them 365 days a year. That attny is paid a %'age of the amount they recover on behalf of CapOne. That attny is offering to settle with you for $1500. But if the attny files an Objection, he/she'll file for the entire amount you owe in that LOC.

Your attny should be able to advise you what you should do. Settle and pay up or continue to wait them out hoping they won't file an Objection. Generally, BK attnys know how serious specific Creditors and their attnys are.

Just an FYI,........... You already paid $300 for a Response to CapOne. That should give you an idea how expensive fighting an Objection can get.

[Beach Bum]

Thanks for the responses everyone.
After some communications between CrapOne and my Attny detailing the specific charges I made. My Attny has basicly told them that they have no case. All the charges were 60-90 days before we filed and were small typical living expense type of charges (food, gas, utilities, etc). So I guess hopefully they'll just go away.