Omg!!!!!!!!!! I am totally sickened by this!!!!!!!!!!!

[jessegirl]

I complained to the paralegal today and she says we have to give them what, where, wneh and anything they want. I understand that. But, I sent her an emil about 2 months ago asking if they heard from the UST and she jsut keep saying no. I figured if its been 4 months that it was done and over with. Now, the last day of objections and they wait untilt he end. Its inhumaine... Its mean, its nerve racking. I am right back to where i was before we filed. I asked the paralegal whats next and she says that the UST may call a hearing and that we have to go to that. I tell you, its easier to murder somone then it is to file. UNBELIEAVABLE!!!!!!!! Its like playing with our hearts. You finally see the light through the tunnel and then all of a sudden they pull you back. My attornies office has the attitude like so what...., It pisses me off. When were they going to tell me?? I found out by accident. Disgusting.... Sorry if i am blabbing but i am beside myself at this point....

[liz417]

That's okay Jessegirl...rant away. I think that your attorney's office just sees this as "another case", yet this is YOUR life...

Hang in there!

P.S. What do you think the audit is about and/or what do they hope to find...do you know???

[jessegirl]

I know exactly what you're going through. The UST probably requested the extension at the last minute and the paperwork is sitting on someone's desk to be entered. The worst is contacting your lawyer and getting a "no big deal" response while your life is hanging in the balance. Your lawyer failed to follow up with the UST to make sure the documentation was acceptable. Your lawyer now needs to earn their keep and communicate with the UST attorney.

You are exactly right and now I go on pacer and low and behold it must of just been entered. But they didn't ask for a 30 day extension like my attorney said. THEY ASKED FOR IT TO BE EXTENDED FOR 90 MORE FRIGIN DAYS...... ANd the paperwork says that"application for the entry of a consent ortder extending the time to file a motion to DISMISS case under 11 U.S.C. 707(b)(1) and (3) and extending the time to file a complaint objecting to discharge under 11 U.S.C. 727 to APRIL 6 2009. Are they frigin kidding me. Just throw me under the bus. Do they get it. WE ARE FLAT BROKE..... I DON'T HAVE A POT TO PISS IT. My daughter asked me the other day if we are poor now.... IT BREAKS MY HEART.............

[jessegirl]

That's okay Jessegirl...rant away. I think that your attorney's office just sees this as "another case", yet this is YOUR life...

Hang in there!

P.S. What do you think the audit is about and/or what do they hope to find...do you know???

From what i can gather they are saying that the reason for the debtors filing to detrmine whether the debtors statement of income, expenses, assets and liabilities is respresentative of the debtors true financial condition and whether grounds exists for filing a motion to dismiss case or a complaint objecting to discharge. What do they think, I have money hidden in my walls!! WTF I gave them years of income taxes, w2s, bank statements. What more do they want. They are just down right vicious!!!!!!!!!!!!!

[B65]

i am so sick for you

not only to file an extension at the last minute is just gut wrenching ..but to be told 30 days then see it on pacer as 90 it just horrible! I hope that someone chimes in as to what can happen next... the thing to tell yourself is.... you did nothing wrong so they can not dismiss on fraud.. so the next things is a 13...... but you can still get your 7 .... ppl on here have ....
going through what you have right?
I hope they post their stories for you ..

(((((((((((((((((((((((((((((((((((((((((((

[liz417]

From what i can gather they are saying that the reason for the debtors filing to detrmine whether the debtors statement of income, expenses, assets and liabilities is respresentative of the debtors true financial condition and whether grounds exists for filing a motion to dismiss case or a complaint objecting to discharge. What do they think, I have money hidden in my walls!! WTF I gave them years of income taxes, w2s, bank statements. What more do they want. They are just down right vicious!!!!!!!!!!!!!

You would think with ALL the people filing BK ythis year (2008) that they wouldn't have the time to go after someone who OBVIOUSLY doesn't have anymore $$...

Hang in there...

[deadbroke99]

From what i can gather they are saying that the reason for the debtors filing to detrmine whether the debtors statement of income, expenses, assets and liabilities is respresentative of the debtors true financial condition and whether grounds exists for filing a motion to dismiss case or a complaint objecting to discharge. What do they think, I have money hidden in my walls!! WTF I gave them years of income taxes, w2s, bank statements. What more do they want. They are just down right vicious!!!!!!!!!!!!!

I am so sorry to hear about this. I can't imagine what your going thru. I read in your earlier posts that you didn't have the credit card statements. How did you finally get them?

[Help!]

Have you scheduled an appointment with your attorney yet? Start there, and even though you are FURIOUS, you have to pull yourself together for your family's sake and work with him. It is not the UST's fault as I see it, it is your attorney's. In fact, the UST might have filed the extension instead of a motion to dismiss because they needed something and didn't get it from (or via) your attorney. Get the whole story and convert your anger into energy to do the work that needs to be done. Unfair? Absolutely! But you can't change where you're at - you can only keep pressing on. It's not over, so don't back down. Be relentless in proving to the UST that you deserve a discharge! Let out all your frustration here, but be cooperative and diplomatic with your attorney and the UST. You can and will get through this. The truth always finds its way to the surface.

[jessegirl]

I am so sorry to hear about this. I can't imagine what your going thru. I read in your earlier posts that you didn't have the credit card statements. How did you finally get them?

I never did produce them. My lawyer sent the UST a letter stating that I did not keep my statements. It like the UST has set me up to fail. We are calling our attorney tomorrow.

[jessegirl]

Have you scheduled an appointment with your attorney yet? Start there, and even though you are FURIOUS, you have to pull yourself together for your family's sake and work with him. It is not the UST's fault as I see it, it is your attorney's. In fact, the UST might have filed the extension instead of a motion to dismiss because they needed something and didn't get it from (or via) your attorney. Get the whole story and convert your anger into energy to do the work that needs to be done. Unfair? Absolutely! But you can't change where you're at - you can only keep pressing on. It's not over, so don't back down. Be relentless in proving to the UST that you deserve a discharge! Let out all your frustration here, but be cooperative and diplomatic with your attorney and the UST. You can and will get through this. The truth always finds its way to the surface.

I am calling the attorney tomorrow moring. My question to him is - if the UST has had the additional information that they requested since Oct. what have they been doing with it?? Why wait until the last day of objections to pull the rug out from us? Its totally cruel.

[Help!]

I'll bet the UST wants the statements and is trying to get them from the banks. Our trustee's paralegal said that banks are as uncooperative with trustees as they are with filers. When you've had a bombshell dropped on you the first thing you think of is that the UST is out to get you, but it's far more likely that the UST attorney requested the statements from the banks and put your case on the backburner with a follow up date the day of the deadline. This may be the reason for the 90 day delay. Maybe the delay is to allow time to get subpoenas - you never know. Better an extension than a motion to dismiss! That's my take, and if that's the case you'll get through this eventually. I know that it's sheer hell not having closure. Hang in there!

[jessegirl]

I'll bet the UST wants the statements and is trying to get them from the banks. Our trustee's paralegal said that banks are as uncooperative with trustees as they are with filers. When you've had a bombshell dropped on you the first thing you think of is that the UST is out to get you, but it's far more likely that the UST attorney requested the statements from the banks, put your case on the backburner with a follow up date of the day of the deadline, took a quick look and realized the statements aren't there yet and you shouldn't be discharged. This is also likely the reason for the 90 day delay. They probably have to get subpoenas if the banks are not cooperating. That's my take, and if that's the case you'll get through this eventually. I do know that it's sheer hell not having closure, but 90 days more of it is still worth spending the rest of your life debt free. Hang in there!

I hope that is the case. It says something like she doesn't believe the income, assests etc. Its right there in black and white. This will consume me now. What should I be saying to my attorney? When I spoke to the paralegal, she basically said that you have to bend to every whim that they request. I was counting every day from the day of my 341. Now we are starting all over again. Its so upsetting. The regular Trustee from our 341 put in a motion to dismiss the UST's assumption of abuse claim.

What is the trustee looking for on the credit card statements? Most of my charges in the past year were basica clothing and necessary living expenses.

[Help!]

I'm confused. Did the UST actually file a statement of presumed abuse? If so, when? And when did the case trustee file a motion to strike (vacate?) the UST's statement of presumed abuse? Are you an asset case presently? Sorry so many questions - can't keep up on all the details of different posters, but I want to try to make sense of why the case trustee would make such a bold move.

[Help!]

To answer your question, the UST would be looking for anything that could be construed as abuse - e.g., a $600 charge at Nordstrom a month before filing. If you used the accounts for necessary living expenses, you have nothing to worry about. If the UST requested documents and they weren't provided, it's their job to look deeper to make sure nothing is being hidden.

[AngelinaCatHub]

I was so damned angry that Mrs. read what I was about to send and forbade me from doing so. I guess I found out who wheres the pants in this family (or panties if you wish).

However, she was right in this case as we both feel pretty bad about your situation. I have a gut feeling it is proceedural and not as bad as you think.

We had to wait 90 also, and we of all cases, should have been dismissed for all our errors. We lucked out. Love to you and we shall pray a big one for you tonight. GBWY 'Hub