Please help.....

[wjnicki]

[Minnymouth]

Are you saying your mother (a creditor) showed up at the 341 meeting, and now your BK is on hold till the Trustee makes a decision about something??

You need to contact your attorney, and find out what's going on. You should have been discharged already. Your attorney needs to find out what the problem is as that is why you are paying him............

Keep us posted....

[lrprn]

Minny is right - for heavens sake get on the phone, contact your lawyer, and find out what the hold up is. Do it today!

[wjnicki]

I spoke to my lawyer in Mid-December and she told me that there is a problem with what my mother said in the meeting and my case is still open. She recommends playing the waiting game. She said that she can call the trustee, but it may sway him in the wrong direction. The worst case scenario is that he demands 9K from me. Which is the amount we got from the insurance payout and he will expect to get that to either give to my mother or divide up between the creditors. She has seen it take up to a year for everything to clear. She says it is my call. She says based on her experience she advise me to wait it out.

I would have thought that he was going to put my case as an Asset case he would have already. I don't have anything for him to take. My husband has a couple month cushion in HIS account, BUT he got that BEFORE we got married.

[lrprn]

She says based on her experience she advise me to wait it out.

If you trust your lawyer and don't want her to push things forward with the trustee, then you'll just have to wait it out.

Two months has passed - I'd consider contacting your lawyer to see if her advice remains the same. There's nothing wrong with touching base periodically to keep your case on her radar even if it isn't on your trustee's radar.

Just curious - why was your mother at your 341 and what did she say to create this mess?

[Cali]

I am confused about the mother part. Did she go there as a creditor and objected? or did she do something else?

And I would call my attorney, just to touch base on what is going on.

[wjnicki]

[wjnicki]

yes she went to the 341 meeting. I did not receive any information stating any of my creditors objected.

[aachudneymiles]

WOW!, Sorry to hear this. I take it as you didnt have full coverage insurance? Well maybe your mother felt like by you including her as a creditor you were going to leave her with the with i feel is wrong). I dont know Honestly I owe my mother some money, I would never include her in the bk7 But thats me,many people have included mothers, fathers, brother, sisters etc and have ruined relationships. If you owed her 13k then why would you think giving her 9k was considered paying her in full? That would be leaving her with 3k of your debt that you right? I just dont think money is worth my relationship with my family especially my mother.

I dont know maybe the Trustee is close with his mother and cant imagine treating his mother this way.

Anyways I would call your ATT and see, Ask whats going on it been way to long. have you checked pacer?

[Cali]

Have you talked to your mum about why you are filing and why you can't pay her back? Did you have a good relationship before this happen?

[PaKettle]

But wouldn't it be on Pacer if she was objecting, and wouldn't there be a motion to re-affirm the debt or something if that was the case?

If there is nothing like this, then why would the case be being held open?

Maybe I'm missing something here, but this just sounds weird.

I'd definitely call your attorney, ask him exactly what is going on, exactly what it is you are waiting for, and then report back here to the forum and see what they advise. Get as much info as you can from your attorney.

Have you talked with your mom at all? (None of my business but I'm just curious if you might be able to still work out a payment plan with her so that your bankruptcy can get over and done)? Or do you really feel you should not pay her any money back?

Seems to me your mother has a point, in that she should not lose money when she loaned it to you in good faith. On the other hand, she should not have shown up at your 341 without discussing it with you first, at least...

Big mess. Sorry you are going through this. I hope it gets resolved soon so you can move on!

[aachudneymiles]

But wouldn't it be on Pacer if she was objecting, and wouldn't there be a motion to re-affirm the debt or something if that was the case?

If there is nothing like this, then why would the case be being held open?

Maybe I'm missing something here, but this just sounds weird.

I'd definitely call your attorney, ask him exactly what is going on, exactly what it is you are waiting for, and then report back here to the forum and see what they advise. Get as much info as you can from your attorney.

Have you talked with your mom at all? (None of my business but I'm just curious if you might be able to still work out a payment plan with her so that your bankruptcy can get over and done)? Or do you really feel you should not pay her any money back?

Seems to me your mother has a point, in that she should not lose money when she loaned it to you in good faith. On the other hand, she should not have shown up at your 341 without discussing it with you first, at least...

Big mess. Sorry you are going through this. I hope it gets resolved soon so you can move on!

I dont think the mother objected, she showed up at the 341 and when trustee is looking over docs and waiting for docs. it will NOT show on pacer.. sadly.. I had my 341 12/18/07 and trustee requested a few things but pacer showed nothing The next thing I saw was that the trustee closed my 341 with no assets and that was weeks later, but nothing in between.

[aachudneymiles]

I just realized something .. you filed bk7 less then 6 months after getting a loan ( whether it was from your mother or anyone else is not important)..you cant do that.. well you can and you mite get away with it but if creditor objects or comes to 341 there is a huge chance of that debt( mothers loan) surviving the BK7 -- meaning it will not be discharged. See you got the loan from mother in March then got a lawyer and filed in august

March-April
April-May
May- June
June-July
July - August That's 5 months.
Also I honestly hope that your att include the insurance money you got in statement of affairs and on the right schedules, If not that looks as if you trying to hid something.



I would bring this up to my att.

[wjnicki]

I made a mistake. I checked my records and my mother paid off my car in February, not March. She sent the check to the Creditor February 25th 2007.

When I saw my attorney, I told her that my mother paid my car off, but that it was totalled and that I used the insurance money to get a new car.

Have you talked to your mum about why you are filing and why you can't pay her back? Did you have a good relationship before this happen?

I tried to talk to her about payment arrangements before I filed. Yes she knew the reason why I was filing and why i could not pay her or my other creditors back. She would not listen.

I'll put it this way. The only thing my mother did was provide a roof over my head for 14yrs. she worked during the day and went out partying all night..... I left on my 14th b-day and moved in with friends. My mother only cares about herself. She only does "motherly" things to get praise from people. When things don't go her way she wants people to feel sorry for her.

She knew I was including her in the bankruptcy. I told her that I was filing and going to include everyone I owed. I was hoping that she would then agree to a payment arrangement.

[dp1969]

Just wanted to say that I'm sorry about your situation. I, too, owe my mother in excess of $16k and hoping the trustee will let me keep my tax refund to "do the right thing". She's not demanding it but I couldn't "not" pay her back. I just couldn't put her in the filing.

I admire your strength and hope this will pass quickly.