I am ready to end it--- just got this now!!!!!!!!!!ugggggggh.

[jessegirl]

Hi All, well today I get this subpoena by Fedex, telling my hubby and I that pursuant to Federal Rule of Bankruptcy Procedure 2004 and Local-Rule 2004-1

We must appear in Court to testify at the taking os a deposition on our case. WTF!!!!!!!!!!!I am so f-ing tired. I feel like the trustee is out to get us. I am so upset I just want to run away.

The trustee is asking for the same documents again that were given to him back in Oct. and now wants us to prove that the numbers on the means test are what we say they are. So now he wants all copies of electric, gas, transportation, 2 year cc statements, which by the way i cannot get. He states that I can by going to the web-sites of the cards. Well Hello, they will not allow me in cause they charged off the f-ing accounts. I just want to sit in a corner and cry........

It says if the documents that they are requesting cannot be obtained or were destroyed, like my cc statements, i throw them out when i see that they were paid that month and so on. o i only had the prior 2 months of cc cards. The trustee wants to know how they were destoyed.... NOW, WTF how!!!!!!!!!!!!

He also wants current credit reports. I gave them to them in Oct. why would they want my credit reports now again???

I am at the end of my rope. I cannot fight anymore, I just don't have it in me. I am a whimp when it comes to court stuff. I had trouble being called for jury duty........... I must of been a horrible person in a pervious life to constantly have a struggle every frigin damn corner..... I need an angel............ I am so upset. The trustee again wants us to prove all of our expenses, We already did 2 times and now again in court. Why is he coming after us all the time. My f-ing attorney tells us don't worry. Yeah he f-ing put us here. And I bet you he will not even appear when we have this depo. He never even came to the 341. He sent someone who looked like a frigin blues brother....!!!! No seriously. WHat a damn joke.

What am I going to do, someone please please help me...Tell me what to expect, how to act, say, be whatever. I am just hanging on by a thread here. Hopeless................

[santadawg]

I'm sorry to here that Jess, I don't know what to tell you, just stay strong-you can do this

[wonkettegirl]

I'm so sorry to read this, jess. What does this a@@ want from you - blood? But you know what? It WILL end. It WILL be over, and in the end you will be debt-free. You will triumph, in the end.

[fltoo]

Expect to be nervous, I would think most people would be since this is very nerve wracking and there is nothing you can do about it. Just accept it and do the best you can. I am sure the court has dealt with nervous people before.

What to do? Just continue to tell the truth as you have been and give them what they want.

One day at a time putting one foot in front of the other and time will take care of the rest.

Whenever I have had a major problem, I try to remember that the problem could be so much worse, as in "life altering."

Time will take care of this, stay calm and wait it out in peace.

[wonkettegirl]

Jess, do you know whether this deposition will take place in front of a judge? If so, that is GOOD news for you, in my opinion. A judge will see what an unreasonable hard-ass your trustee is being by asking you to produce documents that are impossible for you to produce, and by asking you for the same documents over and over. As long as you are honest & upfront, I really do see this as a good thing for you. Hopefully, the judge will admonish the trustee for being truly overzealous.

[broken64]

Hi Jess, just wanted to send you support. We are still waiting from word from our lawyer that our case is filed so I have not experienced any of this yet. I am so sorry to read your dillemma, I am on here every day multiple times a day reading and learning. You have stood out in my following because of everything you have been through and still are going through. It scares me to death, and it makes me sick they are putting you through this. We are all behind you and sending positive prayers and thoughts. Hang in there and I hope you have something possitive from this point forward.

[imaloser]

i agree

stay cool and calm, like the prior posts advised. now that you have a subpoena, can you forward that to the credit card companies highlighting "2 years worth of statements" ? you could also do that for your utility companies. your transportation costs are probably on the credit card statements and/or bank statements - you can go through and highlight them all.

i'm lucky. i'm a record keeper. i slip all credit card statements, utlilty bills, bank statements, etc in with my year-end taxes - i file a home office deduction so i have my "proof" in case of an audit.

i also keep a file of "sale of home receipits" - so when i go to sell my home i have receipts of all monies for capital gain purposes.

this will be worth fighting for, jess

[jessegirl]

Thanks everyone for your support. It really brings tears to my eyes that even though I really do not know any of you, You are there and backing me up and truly understand and are heartfelt...... I have a support system right here. I am going to fight this, I have too. I am just so upset that they picking on me. Kinda like bullying.

I an not sure if i am going before a judge. It just says that we must appear and testify at the taking of a deposition in this case. Gesh, I feel like I have commited a crime. The little one is the one that is always fighting to stay afloat.

When I think of what got me here, I cry cause of really f-up. Now i am hurting my kids. What a dumb ass to charge all that nothing to show for shit. Now my pooor kids are paying the price of my charging.

I am on the phone as we speak again the cc companies trying again to get the statements. The trustee says in his letter that if they were destroyed, then by what method??? Ummmm hello garbage. Why would he care?

The attorney says trial attorney in the letter. I bet he is going to be a hard azzzz and probably try to rip me apart....

[B65]

I am just heartsick for you

I do not know how much they expect one person to take, the only thing i can say is, you were just like a lot of us, charged up things and got deeper and deeper in debt over a long period of time, you have nothing to hide, so just try to gather everything you can and prove your numbers..... you have the proof that you send certfified letters to get the cc statements which at least shows you are not trying to hide them, so just go and do your best and remember you have a right to this and you know you are honest.
is it past the chance of it being worst case scenario a 13? if that is the worst case then it is still better right?

when is your 2004 meeting?? I am routing for you and think of you all the time....

Lots of luck

B

[liz417]

Oh jess, I'm so sorry to hear this. What does this Trustee want?!???? Gosh!! As the other posters say, just hang in there, there will be an end to this mess. Just tell the truth and you will fine.
Sending good vibes your way...:/

[jessegirl]

I do not know how much they expect one person to take, the only thing i can say is, you were just like a lot of us, charged up things and got deeper and deeper in debt over a long period of time, you have nothing to hide, so just try to gather everything you can and prove your numbers..... you have the proof that you send certfified letters to get the cc statements which at least shows you are not trying to hide them, so just go and do your best and remember you have a right to this and you know you are honest.
is it past the chance of it being worst case scenario a 13? if that is the worst case then it is still better right?

when is your 2004 meeting?? I am routing for you and think of you all the time....

Lots of luck

B

Ya know B, not sure what the hell they are looking for or doing? My attorney sucks as you know, we have no money for another. I am just going to go in and fight like hell for my kids.... Thats what i do best is fight for my kids. I am in the process of waiting fo rhte cc statements. Not sure if an when they will ever come.

These people are out for blood. I told my hubby that I am so nervous that I feel like i am going to have a heart attack over this. I guess i have bad luck to keep getting picked on like this.

My meeting is in March. 2009. Not sure how these people sleep at night, screwing with peoples lives, man how do they expect to go to heaven......Its a dog eat dog job. Defiantely one that I couldn't do. I have a heart...

The funy part about this is that I haven't heard anything from my attorney, which doesn't surprise me at all. You know that situation.

Thanks so much for your well wishes.

[jessegirl]

Oh jess, I'm so sorry to hear this. What does this Trustee want?!???? Gosh!! As the other posters say, just hang in there, there will be an end to this mess. Just tell the truth and you will fine.
Sending good vibes your way...:/

Hi Liz, thanks so much for your kindness.

[Gabriel_S]

Man, I'm so sorry to hear this bit of news Jesse. When the hell are the real people finally going to get a break rather than bailing out wall street, the banks, car companys etc. I was hoping the new administration would do something about this as promised but so far it looks like he is following in his predecessors steps.

I agree, if you go before a judge it's a good thing. This trustee sounds like a complete blood sucking paid off A$$.

Things will turn out ok hun, they always do in the end. It's just the anticipation and sleepless nights that is so nerve wracking.

[B65]

at least

the new administration has put salary and bonus caps on the companys that want to receive the goverment money, more than the last guy did... too much of that money got spent on parties and bonuses..so at least something is starting to happen...as they say Rome was not built in a day.

[Help!]

A 2004 examination is better than a motion to dismiss! It is just one more hoop for you to jump through and although I haven't been through it myself I can think of several in this forum who have (AngelinaCat & Hub, rfassett, etc.). This is something the UST is required to do, and it's basically just getting you to say under oath why the statements they requested can't be given to them. This is where that notebook comes in, along with any certified mail receipts for the letters you sent requesting statements. If you show up to the examination with a cooperative attitude and documentation that shows you made every effort to comply, you'll get through it!