I had my 341 Friday and the trustee updated Pacer yesterday..

[aces67]

The trustee stated that we have no property to distribute and he is asking to be discharged from any further duties.

This means everything is good right?

At this point can I assume that we will remain a chapter 7 and get discharged?

[justbroke]

Welcome to Club Sixty.

(Yes, seems you're good to go.)

[aces67]

OMG! I'm so excited now! I can't wait for my sixty days to be up!

[justbroke]

Why were you originally pushed into a Chapter 13?

[aces67]

B/c originally we were over the median. The trustee found $90 a month in disposable income and then said that we would have $600 a month in disposable income once dh's truck was paid off- in Dec 2010. So he put us in a Ch 13 plan with a variable step up payment. Now dh's income has went way down and we can't afford the 13 payment or the truck note. I was worried though that the trustee might try to keep us in a 13.

[justbroke]

These Trustees are starting to get me mad. I have seen where Trustees want to look into the future and say a "car payment" that ends 2 years from now will give you disposable income. However, the Bankruptcy code is clear that it's any contractual payment due after the filing date. It does not specify the time.

So sorry you were forced to a Chapter 13, and ended up converting anyhow. I would probably gone back to the Trustee (who forced you to a 13) and said... "see" all you did was delay the inevitable. Maybe the Trustee is not objecting because of their arrogance in forcing you a Chapter 13. One could only hope.

Found $90... that's not even enough according to BAPCPA to trigger an abuse.

[aces67]

The trustee at the meeting on Friday had my lawyer fuming. He actually followed us out into the hall just to &itch about the trustee. LOL

Another couple there had filed in December of 08. The trustee told the lawyer he needed to amend the papers to exempt their 08 tax return even though they couldn't physically touch it until 1/1/09 the trustee said that they owned/possessed 11/12ths of it on the filing date.

Gosh our lawyer was PO'ed. He said that's the dumbest thing he'd ever heard.
They get so technical.

[justbroke]

Another couple there had filed in December of 08. The trustee told the lawyer he needed to amend the papers to exempt their 08 tax return even though they couldn't physically touch it until 1/1/09 the trustee said that they owned/possessed 11/12ths of it on the filing date.

Now that is pretty much accepted practice.

Trustees are interesting creatures. They are like spiders. Never know when they are going to bite, and you certainly don't want to get entangled in their web. I happen to like spiders.

[fyi2]

3 years!

B/c originally we were over the median. The trustee found $90 a month in disposable income and then said that we would have $600 a month in disposable income once dh's truck was paid off- in Dec 2010. So he put us in a Ch 13 plan with a variable step up payment. Now dh's income has went way down and we can't afford the 13 payment or the truck note. I was worried though that the trustee might try to keep us in a 13.

Because your car would be paid in 3 YEARS! oh my gosh!
Mine will be done in 3 years

[fyi2]

where?

Aces...
Which state did you attend this dreaded mtg?

[frustrated7]

Yikes! Reading experiences like these was the reason I was scared to death before our 341. Thank God that our 341 went smoothly. So sorry to hear you had problems.

[aces67]

I'm in the Eastern district of TX. I'm just glad it's behind me now. I can't wait for my discharge.

[LuciluS]

Yikes! We are in Arkansas & filing 9/30/09.

I 'think' I've got it figured out where we can exempt our 2009 Tax Refunds, if we get one as I no longer receive a monthly disbursement, and monies left in our checking account.

We haven't received all the insurance statements and medical billings from my Skin Cancer Surgery in March or the week DH was in the hospital in April. We might be scrapping by to pay off those medical bills. Yes, I know we can include them in our Bankruptcy, but the hospital is the closest one near our town and is For Profit. I'm afraid to include them and the Ambulance because you never know when we might need to go there again and could be denied unless an Emergency right?

If we didn't have medical insurance we would be living in a 'Tent'.

Luci

[RackingJ]

Congrats on being in the 60 day club!

[frustrated7]

Lucilus, keep in mind that you have to list all creditors (including the hospital) when you file BK. You can always pay them back afterwards if it's really important to you, but they do have to be included. Also, be careful that you don't try to pay them while neglecting your other creditors before filing, because that can be viewed as a preferential payment and will just result in the hospital losing that money so that it can then be divided among all the creditors. Just my two cents.