My 341 hearing was today; I was supposed to be there at 8:30, and I got there a little after 8. I took my id and ss card, a couple of dollars, and my car keys. My lawyer had the file with all the docs.
It all took place in a small courtroom with seating for 75 people, and every seat was taken. First the trustee, who wore a loudly striped shirt with bright pink, horizontal stripes, slacks and a cowboy belt buckle, swore us all in.
Let me tell you about the crowd. Most of the people were old and unwell. This was the first thing I noticed. The others were either young married people or single filers of various ages. Three of us were dressed in work attire (professional looking) and the rest were dressed in very casual clothing. So we had couples over 65 with obvious disabilities (walkers, canes, etc.) and the working poor, who were obviously blue collar folks with little means.
One by one each of us had our turn with the trustee.Several people had to come back with more information in 7-21 days or return to court.
The trustee was especially hard on a guy who cashed out his 401 K in September of 2004; he told him to bring bank statements and canceled checks to prove what the money was spent on. I think he cashed out $22,000 and used it for living expenses and for business expenses; he is now unemployed.
He also asked several people who sold cars in the last year to relatives bring him titles -- he told one girl, who filed pro se to bring the title to the car she sold her mother last spring, that it was a voidable sale and he would get the car, less what was owed to the bank. He also told her to amend her petition to show her bank account, which was not included on the original. She used an online service, American Bankruptcy or something. She asked him how she is to amend it.
"I don't know," the trustee said. "I guess you need to go back to whoever did this for you in the first place, and talk to them."
When she left the room, she was nearly in tears.
One poor guy and his wife, both over 65, were told they would have to relinquish to the trustee their interest in the family farm in Oklahoma, 200 miles away. The woman's brother also has interest in the farm, which is not a home place for either of them. I wondered -- will the farm be sold?
I was called almost last. As you may recall from earlier posts, my lawyer also represents a young woman who paid half of what I'm paying him -- she is an exotic dancer. She was there, in front of me. She wore a very brief camisole, that showed her cleavage, which from the size of her, looked as though it must be enhanced a lot. She wore a black skirt that was slit almost up to her waist on the side, and a pair of black platform high heels. I really felt sorry for her, because she was obviously so lacking in decent clothes, and everyone snickered at her. So if she gave my lawyer a lapdance for the extra money she didn't pay on the bk, it's OK. I forgive.
I was nervous as hell.
When it was my turn, the trustee -- who had a loud voice and said everything like he wanted it heard in the next county -- asked me about my works and my salary and said he wanted a copy of the deed to my house that shows my name and my husband's as joint tenants, and he wants a copy of all my credit card statements showing that they are mine alone.
No problem. I will get these to him pronto.
I walked out of there a little shaken by all I had seen, and determined to do what I can to bring about some changes in the system. The new law is going to make it even easier for jerks like this trustee to take stuff from people.
I had a nosebleed on the way back. I get those when I'm really angry.
It all took place in a small courtroom with seating for 75 people, and every seat was taken. First the trustee, who wore a loudly striped shirt with bright pink, horizontal stripes, slacks and a cowboy belt buckle, swore us all in.
Let me tell you about the crowd. Most of the people were old and unwell. This was the first thing I noticed. The others were either young married people or single filers of various ages. Three of us were dressed in work attire (professional looking) and the rest were dressed in very casual clothing. So we had couples over 65 with obvious disabilities (walkers, canes, etc.) and the working poor, who were obviously blue collar folks with little means.
One by one each of us had our turn with the trustee.Several people had to come back with more information in 7-21 days or return to court.
The trustee was especially hard on a guy who cashed out his 401 K in September of 2004; he told him to bring bank statements and canceled checks to prove what the money was spent on. I think he cashed out $22,000 and used it for living expenses and for business expenses; he is now unemployed.
He also asked several people who sold cars in the last year to relatives bring him titles -- he told one girl, who filed pro se to bring the title to the car she sold her mother last spring, that it was a voidable sale and he would get the car, less what was owed to the bank. He also told her to amend her petition to show her bank account, which was not included on the original. She used an online service, American Bankruptcy or something. She asked him how she is to amend it.
"I don't know," the trustee said. "I guess you need to go back to whoever did this for you in the first place, and talk to them."
When she left the room, she was nearly in tears.
One poor guy and his wife, both over 65, were told they would have to relinquish to the trustee their interest in the family farm in Oklahoma, 200 miles away. The woman's brother also has interest in the farm, which is not a home place for either of them. I wondered -- will the farm be sold?
I was called almost last. As you may recall from earlier posts, my lawyer also represents a young woman who paid half of what I'm paying him -- she is an exotic dancer. She was there, in front of me. She wore a very brief camisole, that showed her cleavage, which from the size of her, looked as though it must be enhanced a lot. She wore a black skirt that was slit almost up to her waist on the side, and a pair of black platform high heels. I really felt sorry for her, because she was obviously so lacking in decent clothes, and everyone snickered at her. So if she gave my lawyer a lapdance for the extra money she didn't pay on the bk, it's OK. I forgive.
I was nervous as hell.
When it was my turn, the trustee -- who had a loud voice and said everything like he wanted it heard in the next county -- asked me about my works and my salary and said he wanted a copy of the deed to my house that shows my name and my husband's as joint tenants, and he wants a copy of all my credit card statements showing that they are mine alone.
No problem. I will get these to him pronto.
I walked out of there a little shaken by all I had seen, and determined to do what I can to bring about some changes in the system. The new law is going to make it even easier for jerks like this trustee to take stuff from people.
I had a nosebleed on the way back. I get those when I'm really angry.
Comment