Please help.....

[FreshLikeADaisy]

Wjnicki, my personal opinion (and feel free to disagree ) is to *hold off* if your attorney still thinks it wise. The reason I say this is not just because of the trustee, but because of your mother. If your mother has a bigger appetite for drama than for truth, the last thing you want is to stir up the trustee in her general direction. *shudder*

It may also be that the trustee has asked your mother for *documentation* to support her claims and SHE has put HIM on hold. In which case, the longer you wait the better it looks for you and the worse it looks for her: you were able to produce your docs in a timely fashion, she was given ___ amount of time and still could not. See what I mean?

There is also a very small chance, based on the timing of all these transactions, that the trustee is thinking about going after your mother for preferential payments, in which case she will regret ever having shown up at your 341.

So all that, to me, says wait. Since you are already protected by the automatic stay of your bk, the only difference between being on hold and being discharged is the ability to rebuild your credit.

I know it's frustrating as hell being in limbo, and it's easy for me to say hold on when it's not my own case sitting there waiting, but I have dealt with people like your mother before and, well, the only cure for them is to stay the hell away, unfortunately. The harder the questions the bigger the tales they tell, and it just gets way out of hand. They are so convincing that unless you've dealt with someone like that before, you get sucked into the drama. Hopefully the trustee knows better.

Anyway, those are my thoughts. Good luck to you!!!

[wjnicki]

It may also be that the trustee has asked your mother for *documentation* to support her claims and SHE has put HIM on hold. In which case, the longer you wait the better it looks for you and the worse it looks for her: you were able to produce your docs in a timely fashion, she was given ___ amount of time and still could not. See what I mean?

I never thought of that. It makes sense. Fortunalty there is no documentation. Just her word againist mine.

My lawyer still says to wait, atleast until May timeframe. It is so frustrating just to wait it out.

but I have dealt with people like your mother before and, well, the only cure for them is to stay the hell away, unfortunately. The harder the questions the bigger the tales they tell, and it just gets way out of hand. They are so convincing that unless you've dealt with someone like that before, you get sucked into the drama. Hopefully the trustee knows better.

I have distanced myself and my family from my mother and that side of my family. Hopefully someday they will open there eyes and see exactly what they are dealing with.

[FreshLikeADaisy]

Fortunately, the wonderful thing about bk is that to keep a specific debt from being discharged along with all the rest, a creditor has to do a good deal more than simply prove you owe the debt. Duh! Of course you do. That's why you're in bk. And that applies to your mother as well: she can't just go in and say with a dramatic little tear rolling down cheek in breaking voice, "My daughter owes me!" and the trustee goes, "Oh, okay." *laugh* It just doesn't work that way.

Unless your mama can come up with something more than motherhood to base her objection on -- as in specific proof of fraud or other illegal intent in *taking out the loan* -- she's SOL. The way I see it (and you might run this by your atty when you talk to her) is that your failure to repay is IRRELEVANT in a creditor objection, insurance settlement or no; it's proof of fraud and fraudulent intent that matters. If there was fraud here, seems to me like it would be insurance fraud and not bankruptcy fraud, which is all this court is going to deal with. You presented your bk honestly, since your mother was already receiving payment and you were continuing to pay her, so the insurance check shouldn't really even matter (except to the trustee, who really really really wants a chunk of it if he can get it).

Definitely call the atty and check in, but I tend to agree that waiting it out will result in the entire thing blowing over. Good luck!!!

[wjnicki]

Thanks. When I was speaking to the Insurance Claim representative she told me that since my car was not financed through a Bank, but thru my mother, it was considered Paid in Full. I spoke with her and a lawyer about this. I presented them with the title and letter from the creditor stating that the car was paid in full.

Thx! this site has been very helpful. Hopefully the BK will be discharged soon, So I can start re-building my credit and start thinking about getting a home within the next year or so.

[aachudneymiles]

Thanks. When I was speaking to the Insurance Claim representative she told me that since my car was not financed through a Bank, but thru my mother, it was considered Paid in Full. I spoke with her and a lawyer about this. I presented them with the title and letter from the creditor stating that the car was paid in full.

Thx! this site has been very helpful. Hopefully the BK will be discharged soon, So I can start re-building my credit and start thinking about getting a home within the next year or so.

SOO sorry I totally understand now, and hope you the best of luck. If you trust your lawyer hold off.

[oldbaddebts]

Personally, I included my mom in by ch7 ($1k) and told her I was doing it just to be sure that I was 100% honest on all of the paperwork and I figured by including family would give some appearance of being thorough and complete on the paperwork, as I filed ProSe. She simply gave me the notices she got without even opening them, and I am still paying as agreed even though I technically don't have to.

I guess behind all of the issues, you are lucky that she didn't do the research and take the time to file an objection to discharge. As long as you're case is open you are covered by the automatic stay (as long as you don't have any recent filings before this one) so there is no harm in waiting it out as long as your attorney recommends.

[butterflywings]

Please correct me if I am wrong, but it seems to me like what your mother is steamed about is that you took the $9100 of her money and put it towards a car in your boyfriend's name. Is that how it went down? Because if my daughter did that to me I would be beyond livid too. She wanted that money for YOU, her daughter. Not her daughter's boyfriend! How could you ever in a million years think any mother would want that for her daughter? And no matter what kind of mother she was growing up she didn't deserve this. If you thought she was a terrible mother then don't take gifts and money from her because you can't have it both ways. I stopped talking to my father 20 years ago and anytime he has ever tried to give me money or anything, he even offered me one of his houses in Ohio, I told him to flake off. You can't take your mother's money, in a sense use her, and then not pay them back and say well, she is this or she is that. That's not fair. This is your mother, not some faceless nameless creditor like a c.c company who has never done a thing for you in your life except charge you money.

Why didn't you put the car in your name or at least have your name on the title of the vehicle? It looks to the outside and to your mother that your boyfriend got her $9100 and he is scott free as you don't have any ownership in that car at all.

Am I reading this correctly? No offense at all, but if this is what you did, I'm surprised your mother didn't have a heart attack over it; I know I would. Yikes!

[wjnicki]

[butterflywings]

Thank you for clarifying. How terrible of her to show up at a funeral to demand money. What kind of person could ever do that! That is horrible of her and so disrespectful to your fiance's family. I feel terrible for you and your fiance that she did that. You did your best to work it out with her and she treated you like dirt. I have 100% totally changed my mind of your situation and don't blame you a bit for putting her down as a creditor. Thank you again for clarifying and again my heart goes out to your fiance for his tragic loss.