HELP!! Got TRUSTEE letter today 12 days before my 341

[trytosavemyself]

Thank you for the informative input freshlikedaisy. I will definitely get that book and read it tonight.
But I would like to say that since my wife and I didn't filed jointly from the get go. The court clerk puts her trustee date the same as my because of that. but, I guess they didn't make the trustee aware of that. Furthermore, this letter I got from them didn't even reflect the amendment I submitted 3-4 days prior, which would explain how I have car payment but no creditor for it.

I will also file a motion to combine our filings together this coming Monday that will put us together as single filing and make it clear to the trustee of our financial situation. This letter got me worry but, I will give them all paperworks asked and more to show that we have nothing to hide and just lack of knowledge.

We should of never went to that online place and did it because of the low low price and followed their instruction.

I really believe that if we were truly honest with our financial situation there will be no dismissal. As far as tax refund is concern, they can have whatever they want. We'd just like to have an opportunity to sell the house by ourselves so that we can sustain something that are allowed by the exemption so that we can rent a living quarter for our family.

I have already prepared my past 3 years of tax filings, 3 years of bank statement, multiple loans statement we got from our house to actually pay for mortgages. our credit report.

If that is not enough, I will take your advice and file a withdraw myself and file again.

All and all thank you for your input.

[danaf]

filing jointly in a community property state is recommended if a couple has been married for years, have joint cards, and acquired debt together.

not neccessary however if most of debt was one spouses before marriage and if the account/cards are old and still only in one name. (ie I have mine, and he has his).

i learned this from a good bk lawyer in a community property state.

[FreshLikeADaisy]

TTSM, that sounds like a good plan. I think that book will help you *tremendously* and let you know exactly what the trustee is looking for.

The only thing I would add is that because you're so far behind on the house, you may not be able to keep it in bk or sell it in time. IF (and you really need to look carefully at your options here) that turns out to be the case, don't throw that tax return on a house you're not going to be able to reaffirm or sell in time. Keep it and use it to find somewhere else to live. If the mortgage company gets a lift on the automatic stay of your bk and forecloses, they'll take your money even if they still intend to foreclose, which would be useless for you. In general you have to be current with the pmts on any asset you want to keep in bk. I don't know that this will be an issue for you, but if it turns out you can't keep the house, DON'T make more pmts on it and find yourself penniless just when you need to find somewhere else to live.

Also, this may have been mentioned before, but many attys offer free bk consultations. Even if you can't afford to hire one, you can still go and ask questions, which would be a great resource for you right now as well. Good luck to you!!!

[aachudneymiles]

Just to add you need to be very careful now.. I like my friend Fresh, Rhin. and many others are Pro se and happy .. I am in my 60 day club ( waiting for discharge ) but when I went to my 341 I saw Lawyers with more issues, amendments to do, and Lawyers that didnt tell thier client and damn thing about anything .. I saw this with my own eyes -the trustee take someone home and question someone else about there equity almost to tears WITH A LAWYER.. I think it great I did it pro se and I made 1 mistake that I amended and I even exempt my own tax return. 5k that is mines Trustee cant touch it.. do you think a lawyer would have done the extra work ?? hell no and if so he would have charged for it. GET THE BOOK IT HELPS ALOT .. if you find yourself drowning ... call a Professional .. Pro Se is great but not for everyone.

[CindyLou]

I filed pro se because I didn't trust any attorney to mine for me. Plus so many were discouraging me from filing because I had high income (old law). No problems though. YOU can do it with some work and research.

I highly recommend a personal conversation with the trustee ASAP re: you and your wife. That will help a lot and he may tell you how he prefers you to proceed so that he can get the info he needs.

[aachudneymiles]

I filed pro se because I didn't trust any attorney to mine for me. Plus so many were discouraging me from filing because I had high income (old law). No problems though. YOU can do it with some work and research.

I highly recommend a personal conversation with the trustee ASAP re: you and your wife. That will help a lot and he may tell you how he prefers you to proceed so that he can get the info he needs.

I agree I use to talk with my trustee secatary alot she even went beyond what most would do.. She helped me save my tax refund. I would speak with him/her or someone in hisher office .. ( most times trustees are to busy.) Well in my district. Just so they will know you mades some mistakes and are not trying to hid asset or anything,,

[FreshLikeADaisy]

Ditto aachudneymiles and Cindylynn; one of the great benefits of going pro se is that you have the right to speak to your trustee yourself. A frank discussion with him of your current situation can only help.

aa, I can just see you in my mind's eye doing the ol' end zone dance over that 5k tax return... you GO, girl!

[trytosavemyself]

just found out from my wife that we are only two months behind so far and countrywide have given us opportunity when we are four months behind.

One question thought. Since one of the civil law suit already went to default judgment and case closed it had also happened 8 eight months prior to my filing (I made a mistake by putting it on and have amend it since) do I still have to provide them with info. I just don't want this to prolong with the 341.

[aachudneymiles]

Ditto aachudneymiles and Cindylynn; one of the great benefits of going pro se is that you have the right to speak to your trustee yourself. A frank discussion with him of your current situation can only help.

aa, I can just see you in my mind's eye doing the ol' end zone dance over that 5k tax return... you GO, girl!

Yeah, you know it!!! I needed it with the new baby due next month.

[aachudneymiles]

just found out from my wife that we are only two months behind so far and countrywide have given us opportunity when we are four months behind.

One question thought. Since one of the civil law suit already went to default judgment and case closed it had also happened 8 eight months prior to my filing (I made a mistake by putting it on and have amend it since) do I still have to provide them with info. I just don't want this to prolong with the 341.

Yes if they asked give it and quickly!!
I believe that on statement of affairs it ask about cases/ lawsuit whatever - you need to put it there regardless of the outcome of the case I believe 3 years back .. Dont quote me on that .. but i know you have to put that on there regardless if it was closed/ default soforth.

did you get that nolo yet?

[trytosavemyself]

Yes, I will. Believe it or not. I have less than 30 dollars in my bank account. My wife might have high income but after everything (living standard) it is nothing. We don't even spend anything over 200 dollars.

the most important thing is: HOW DO WE HIDE IT FROM OUR KIDS. I don't want to be a loser dad and I rather give everything away. but, I have to give my kids a decent live to live on. Nothing to be ashamed about it.

They are my life, not me, I can do anything.

[trytosavemyself]

I just don't want them to be ashamed of me. They are my precious, I love them so much. What is the point, how do I proof to them that I am honest once and for all. My thoughts: If it is just me it will be okay, they can do anything to me. But, my daughter and son, I just don't want to disappoint them.


What kind of father am I !!!!!

F**K, if I have money, I would pay them all back and get rid of this S**T

GOD I am so mad

[trytosavemyself]

sorry, late at night. I was just venting.

[FreshLikeADaisy]

It's all good, dude. No worries.

And think twice about hiding it from your kids: this is how you handled adversity. You took the bull by the horns and *dealt* with it instead of letting it just get worse and worse. Bad things happen, we all make bad decisions. Unless your kids are grown, they do not have the financial acumen to judge your decision or shame you: the most they can do is throw it back at you because they sense *your* shame, and that's if they're older kids.

They don't have any way of finding out you declared bk if you don't want to tell them, provided you've kept it quiet and haven't told people who would tell them for you (like grandparents, aunts, uncles, etc). So relax, you can tell them IF and WHEN you like.

[jdmc1973]

I received a letter from my lawyer on Saturday(341 is tomorrow), and the Trustee was asking very similar questions....wanting 6 months of bank statements, proving that the taxes taken out and my insurance through my work is actually what was put down, etc, etc. The only thing that I have no proof of is a small amount the attorney apparently put down for medical expenses...which I don't really have. That made me mad and I'm assuming he'll have to file an amended petition or something now to reflect the accurate amount. I'm wondering now if my 341 will have to be continued.