Hearing next week

[Vanda]

My Chapter 7 was discharged but as it was declared an asset case, it is nowhere near closed. Originally my attorney said they would send over a settlement and I would have to give them the amount of my 2008 income tax return and $600 for jewelry I bought and gave as a gift. Then after the discharge I saw on Pacer that they filed an amended schedule. This was a schedule the Trustee asked to be amended at the 341 but I guess they forgot about it. So to file the schedule they had to re-open the period to object and lo and behold, the Trustee is now objecting to all my exemptions again. My lawyer refuses to talk to me, both he and his paralegal now seem angry with me for getting upset about the late-filed schedule (which, by the way, I "signed" in May - they had me sign a few extra pages when I first met with them "just in case"). I feel like anything I do at this point antagonizes them so I have tried to just wait it out, but I am very nervous. In the new objection they noted that on the day of filing I had over $2,000 in my checking account (had just gotten paid) and I only put down $100. I really wish I had researched bankruptcy before filing, because then I would have known not to have any money in my account at that time. My lawyer never said anything and he filled out the schedule and put down $100 cash. So I am figuring they are going to want the $2,000 as well. I feel stupid, but really, my lawyer should have mentioned this and also should have mentioned that they were filing an amended schedule post-discharge. I never would have known if I had not opened a pacer account!

[JRScott]

Sorry to hear of your troubles, the trustee should allow some sort of payment schedule on it all. You mean expenses? if so if you've got the receipts should be easy to prove. Good Luck.

[Vanda]

Thanks JR, they are objecting to my exemptions, not expenses. I think my attorney was negligent in filing that schedule late but I don't know what to do about that - I certainly don't have the money to go out and hire another one. Probably I will just pay them whatever they ask for and hope they give me a decent payment plan. I will find out Tuesay, I guess.

[Vanda]

good results at hearing, apparently....

Well, the paralegal says that they dropped the objection to the exemption of the money in my checking account at the time of filing, since it was actually the amount of the check I paid my attorney when I retained him, and it had not cleared yet. The Trustee has to come up with a monetary amount for me to pay back by the end of this week (and hopefully a payment plan). So much has happened since I first filed that it seems like it was another life, I have given up my house and moved out and and am hoping to just pay the Trustee, save for retirement and live the rest of my life renting and just living on what I earn, no more debt. I am grateful for the advice on this Board, as well as the moral support!

[doingpoorly]

ahhh...good news.
Now on with the rest of your life

[aces67]

Was your attorney not able to exempt your tax return?

Hopefully the trustee will give you an easy payment plan and you can be done with this.

Good Luck!

[kw1025]

vanda, when you say "payment plan" for an asset case, what does that mean? Did you have to buy back thew assets you wanted to keep or somehting?