Passed another hurdle: Update on my case

[backtoschool]

Well, the 30 days for Elmer Fudd my trustee to object to my exemptions passed yesterday, so it looks like my EXEMPT car is not going to be questioned any further.

As justbroke so kindly explained to me, the only hurdle left is waiting out the remaining 29 days to see if there are any creditor objections. Since the US Trustee wasn't involved in my case, and Elmer Fudd got all the answers he wanted at my 341 when he grilled me, I do not think my case will be dismissed.

I am feeling like I can see light at the end of the tunnel...

Just wanted to share.

[music12]

fantastic! good news is what i love to hear on this forum.

[backtoschool]

fantastic! good news is what i love to hear on this forum.

Thanks music12! Now when I look at the "awaiting discharge" status in pacer, I actually feel that my discharge is only a month away. Although the only issues were with my car exemption, and I knew that wouldn't affect discharge, it's nice to have that hurdle behind me.

[2manybills]

Congrats bts!! That's great news. There again, another case of a tt trying to stress you more than you already were. Too bad, for the most part from the reports on this board, most are pretty nice.

[backtoschool]

Congrats bts!! That's great news. There again, another case of a tt trying to stress you more than you already were. Too bad, for the most part from the reports on this board, most are pretty nice.

I agree that most trustees are not as tough as mine was on me. But I think that I was being made an example of, because of my formerly high income. Most filers would not have gotten the grilling I received.

Anyway, just glad that the clock continues to tick towards my discharge.

[2manybills]

Anyway, just glad that the clock continues to tick towards my discharge.

I hear you. Monday is the last day for objections for us! Can't wait.

[killinstinct]

Congratulations! I got my report of no distribution the other day and felt pretty close to how you did, I'm sure back2school. (I was afraid our house was going to hold up the closing, turns out TT isn't interested). We should be discharged within a few days of each other!!

[backtoschool]

Congratulations! I got my report of no distribution the other day and felt pretty close to how you did, I'm sure back2school. (I was afraid our house was going to hold up the closing, turns out TT isn't interested). We should be discharged within a few days of each other!!

Thanks killinstinct! I haven't gotten my report of no distribution yet, but my trustee does not file those right away for everyone based on research I did on pacer for people who had my trustee on the day of my 341. Only about half of the cases I looked at had reports of no distribution filed. Besides, he might end up taking my next year's tax return, since last year's was so large.

Even if I end up losing next year's tax return, I am still very happy I filed and I am already feeling grateful for the positive changes in my life.

[ForumReader]

Thanks killinstinct! I haven't gotten my report of no distribution yet, but my trustee does not file those right away for everyone based on research I did on pacer for people who had my trustee on the day of my 341. Only about half of the cases I looked at had reports of no distribution filed. Besides, he might end up taking my next year's tax return, since last year's was so large.

Even if I end up losing next year's tax return, I am still very happy I filed and I am already feeling grateful for the positive changes in my life.

That is great to hear there has been no objections on your trustee's behalf especially about your exempt car and you are halfway to your discharge mark! Please hang in there and keep on enjoying the positive changes in your life as you mentioned

[backtoschool]

That is great to hear there has been no objections on your trustee's behalf especially about your exempt car and you are halfway to your discharge mark! Please hang in there and keep on enjoying the positive changes in your life as you mentioned

Thanks ForumReader! I emailed my lawyer this week to see if my trustee had ever contacted her about the car. He hadn't. I think he was just trying to make an example of me at my 341. I don't think he was seriously interested in my EXEMPT car. I think it was just a fishing expedition on his part, trying to see if I would reveal some assets I had hidden under my bed or something.

The reason I am even posting this update is so there will be a complete record of my case for those doing research for their own cases in the future. The more info people have on what the process is like in a variety of cases, the better.

[killinstinct]

I agree. My life has changed dramatically for the better since filing as well. For what it's worth, there's somebody else on the forum who's in my district that NEVER got a report of no distribution, but was still discharged and closed on time. I wouldn't get too hung up on it.

[backtoschool]

I agree. My life has changed dramatically for the better since filing as well. For what it's worth, there's somebody else on the forum who's in my district that NEVER got a report of no distribution, but was still discharged and closed on time. I wouldn't get too hung up on it.

I am not worried about the report of no distribution at all. I know that bkmaggster never got one either. (That is probably who you are talking about. )

Like I said earlier, I am just happy and grateful for all of the positive changes in my life.

[killinstinct]

Yep...it was bkmaggster! (couldn't remember). Cool. We're almost there...

[bf2bf]

I hope you have smooth sailing for the next 29 days and for the rest of your life thereafter.

I don't know if you mentioned this elsewhere, but what kind of car do you have and how much equity is in it? What exemptions did you use for it?

Also, your avatar has been haunting me and I can't stop staring at it!
Is that you?
It has an uncanny resemblance to my cousin, whom I haven't seen in over 10 years.
I know you're not her (different geography) but those eyes and that expression is exactly how I remember her.

[backtoschool]

I hope you have smooth sailing for the next 29 days and for the rest of your life thereafter.

I don't know if you mentioned this elsewhere, but what kind of car do you have and how much equity is in it? What exemptions did you use for it?

Also, your avatar has been haunting me and I can't stop staring at it!
Is that you?
It has an uncanny resemblance to my cousin, whom I haven't seen in over 10 years.
I know you're not her (different geography) but those eyes and that expression is exactly how I remember her.

The avatar is me. A friend of mine who is an animation artist did it several years ago for me. I am lucky living in nyc that I had a few friends that had interesting careers in media, although mostly all of the people I worked with and knew were money-obsessed investment bankers. (not that there were not interesting investment bankers in nyc, there probably were. They just were not the people I knew.....)

To answer your question, here is my car situation:

I had a saab 9-3 convertible that was paid for in full and had about 15k in equity. I traded it in for a new hyundai elantra in February when I moved back to Michigan. (convertables and Michigan winters do NOT mix. ) That left me with about a 10k loan on the Hyundai, and after depreciation and deflationary pricing, about 10.5k in equity. I exempted the equity in the car with federal exemptions using $3,225 for my car exemption and then covering the rest of the car with leftover wildcard exemptions since I do not need the homestead exemption.

This is all straightforward and should NOT have been a problem. But the trustee had it in for me and said that trading in my car was a "transfer" and he "needed to look into it". Now here is why Elmer Fudd my trustee was on crack:

1. The car dealer was NOT a relative or friend. (it was the only Hyundai dealer in town, and I found the dealer in the phone book.)

2. I traded in the car for fair market value

The trustee said I did not trade the car in at market value, or that my Hyundai was not at market value, etc and wanted some money out of the transaction. But I had all kbb blue book values for the car as attachments to my schedule and all kbb blue book values for the new Hyundai, so my guess is that he gave it up because his pursuit of this never made sense to begin with.

I just think that he was trying to smoke me out and see that if he made me nervous if I would admit to any hidden assets somewhere else or something. But I didn't and now I am 29 days away from discharge.