Case dismissed

[Kingxray]

Hi again all,

Just found out my lawyer is on vacation but before that he sent me a letter. It stated that he is having our entire case dismissed because the trustee continues to want to prosecute. It also states that she agreed not to contest if we refile.

So I guess we will dismiss and refile when our lawyer gets back. What I am worried about this time is that my hubby got a couple of bonuses and we got a sizable tax refund. Can we exempt any of these things? We spent the money mainly on house upgrades. One good thing is I lost my job (didn't make much but it is something).

[mamaof2]

why was it dismissed?

[jessegirl]

Hi again all,

Just found out my lawyer is on vacation but before that he sent me a letter. It stated that he is having our entire case dismissed because the trustee continues to want to prosecute. It also states that she agreed not to contest if we refile.

So I guess we will dismiss and refile when our lawyer gets back. What I am worried about this time is that my hubby got a couple of bonuses and we got a sizable tax refund. Can we exempt any of these things? We spent the money mainly on house upgrades. One good thing is I lost my job (didn't make much but it is something).

Gee King, I am sorry that this happened to you. I know what its like to keep fighting and fighting. Are you OK with this decision? I am truly so sorry that you are having all this trouble. I don't understand why the trsutee won't contest if you refile, but will keep bothing you if you don't?? All I can do is shake my head at this one. Again, sorry that this is happening...

[Kingxray]

I think we are ok with the decision. The lawyer had previously told us that this is the route he wanted to take. Now they have come to an agreement that the trustee will not contest if we refile without the rental income and the loss of my wages, so maybe that was all we needed to change. I am dreading another 341. As you know at our last one my dad's lawyer showed up and drilled me, ugh.

Anyway what are your thoughts on the couple of bonuses and tax refund we got? Can we exempt those? These occured after we filed the first time.

I guess we'll keep fighting the good fight.

[justbroke]

Best wishes on a successful second try!

[jessegirl]

I think we are ok with the decision. The lawyer had previously told us that this is the route he wanted to take. Now they have come to an agreement that the trustee will not contest if we refile without the rental income and the loss of my wages, so maybe that was all we needed to change. I am dreading another 341. As you know at our last one my dad's lawyer showed up and drilled me, ugh.

Anyway what are your thoughts on the couple of bonuses and tax refund we got? Can we exempt those? These occured after we filed the first time.

I guess we'll keep fighting the good fight.

Not sure about the bonuses and tax refund. What are the exemptions in your state? Also, can you use the wild card? If not, maybe you should pay a few months worth of mortgage payments, ultities, etc. Fix some things around the house if you can.

I know what you mean with the 341's, eventhough, they usually go ok, its nerve racking.... I truly wish you all the luck in the world. Just think in a few months you will be done with this...

[AngelinaCatHub]

Why did the Trustee wish to sue you? Then why has she agreed not to if dismissed and refiled? Something does not jibe here. 'Hub

[Kingxray]

I'll try to make a long story short, if possible. At our 341 my dad's lawyer showed up and grilled me. My dad sued us for money we owed him (long story) and tried to garnish my hubby's wages. That's why we filed BK. Anyway because of him doing that it red flagged the UST and she said she had to enter a presumption of abuse because she had people to answer to (my dad's lawyer) and she even said it was because of him. She entered the 707 disallowing some expenses and adding them to our income. The exact same expenses that my dad's lawyer was grilling me about at our 341. We are changing a few things and she said she would not contest if we refiled.

I guess I'll know more when our lawyer gets back in town next week. Here we go again, yikes.

[AngelinaCatHub]

I'll try to make a long story short, if possible. At our 341 my dad's lawyer showed up and grilled me. My dad sued us for money we owed him (long story) and tried to garnish my hubby's wages. That's why we filed BK. Anyway because of him doing that it red flagged the UST and she said she had to enter a presumption of abuse because she had people to answer to (my dad's lawyer) and she even said it was because of him. She entered the 707 disallowing some expenses and adding them to our income. The exact same expenses that my dad's lawyer was grilling me about at our 341. We are changing a few things and she said she would not contest if we refiled.

I guess I'll know more when our lawyer gets back in town next week. Here we go again, yikes.

[chad9162]

My dad sued us for money we owed him (long story) and tried to garnish my hubby's wages. That's why we filed BK.

WOW....So not only are you being sued by DAD but he forced you into BK (technically). Never seen that before! I'm surprised he even lent you money. Interesting, I don't know what side to take....the dad who sues his daughter or the daughter who doesn't pay back her dad. Personally I'd payback my dad every cent! Crazy!

I don't think the tax refund really matters since you're tax expense is the actual tax liability, but every district is different. Most just say spend it if you can't exempt it. As for the bonuses that is included in the 6 month average for income.

[B65]

I don't think

she was asking for anyone to takes sides or opinions on her realtionship with her dad. just the other stuff.

[banca rotta]

she was asking for anyone to takes sides or opinions on her realtionship with her dad. just the other stuff.

Agreed! Especially since we only know part of the story and it's best if it stays that way for the OP's sake.

[chad9162]

she was asking for anyone to takes sides or opinions on her realtionship with her dad. just the other stuff.

Thank you for your wisdom and insight but she DID mentioned it. If she didn't want people to "judge" the situation then she should have left that part out. To clarify I never said she wanted people to take her side. That was me thinking out loud and my shock to her situation. Again if she didn't want that response she could have asked her questions without the detail!!!.

I think most people who have read this thread are a bit shocked. Personally, I don't think she cares what I think. What's worst than your DAD suing you and forcing you to BK!

[B65]

ohhh so thats how it works, if you mention something, then it must mean you want opinions.... thanks for clarifying that!

[justbroke]

Wait until someone who despises you (or sues you) files an involuntary bankruptcy on you.

(No, this didn't happen to me.)