Look's like I am being turned into an asset case

[backtoschool]

Hi all,

I logged into pacer today and found a new document filed by my trustee. It's an notice to employ trustee as attorney in the docket, and I looked at the document and it is an affadavit of disinterest. Since my date for objecting to exemptions is past, I am assuming this is related to my tax return.

I have not had my case turned to an asset case yet, but I am assuming that is coming as the documents get put into pacer by the trustee.

If anyone has any experience of having the trustee file an affadavit of disinterest and/or a notice to employ trustee, I would love some comments.

Thanks in advance....

[anuta]

So sorry to hear this Backto school. Everything seemed to be running along smoothly ( well the 341 was bumpy) Can you explain what "an affadavit of disinterest" is?

[howtoplan]

to employ counsel

We have had the trustee employ counsel to assist in our case. So far it looks like it was done to off load some of the work and maybe to answer some more specific legal issues. I will let you know. Good Luck

[backtoschool]

So sorry to hear this Backto school. Everything seemed to be running along smoothly ( well the 341 was bumpy) Can you explain what "an affadavit of disinterest" is?

It means that the trustee is suitable to act as his own attorney on behalf of administering my case. An affadavit of disinterest is filed whenever the trustee wants to hire himself as a lawyer in regards to a case. In my case it probably means that he is going to take my tax return and maybe some other property, or it could mean a 2004 exam in regards to my property since I used to be high income. Who knows.... I think its in regards to the tax return.

[Pizza]

It means that the trustee is suitable to act as his own attorney on behalf of administering my case. An affadavit of disinterest is filed whenever the trustee wants to hire himself as a lawyer in regards to a case. In my case it probably means that he is going to take my tax return and maybe some other property, or it could mean a 2004 exam in regards to my property since I used to be high income. Who knows.... I think its in regards to the tax return.

Taking an anticipated tax return is standard procedure. That's one reason that filing when a tax return is going to be (or was) low is a wise practice. I wouldn't lose any sleep over it if your exemptions cover your current assets. The trustee also takes the return on an accrual basis rather than just snatching the whole thing when it arrives, ie. the amount of the upcoming return from the day you file backwards; unless you just got one, in which case you'll want to spend it on necessities and keep proof of where the money went.

[backtoschool]

Taking an anticipated tax return is standard procedure. That's one reason that filing when a tax return is going to be (or was) low is a wise practice. I wouldn't lose any sleep over it if your exemptions cover your current assets. The trustee also takes the return on an accrual basis rather than just snatching the whole thing when it arrives, ie. the amount of the upcoming return from the day you file backwards; unless you just got one, in which case you'll want to spend it on necessities and keep proof of where the money went.

Thanks Pizza! I can't imagine it would be a 2004 exam at this point since I am way under the median, the US Trustee wasn't involved, and the date to object to exemptions is past due. I am still showing as a status of waiting for discharge. I would imagine I will be seeing a trustee's report of assets soon, but it isn't there yet.

[2manybills]

Oh man bts, I'm so sorry to hear that! This TT has sure taken an interest in your case. In my mind, it doesn't matter if you made a lot of money at one time and don't now -- HELLO?? Has this person not seen what has happened to the entire country?!

[backtoschool]

Oh man bts, I'm so sorry to hear that! This TT has sure taken an interest in your case. In my mind, it doesn't matter if you made a lot of money at one time and don't now -- HELLO?? Has this person not seen what has happened to the entire country?!

Thanks for the kind words 2manybills! Well, as you know, I was expecting this... I hope it's just the tax return.

[2manybills]

Thanks for the kind words 2manybills! Well, as you know, I was expecting this... I hope it's just the tax return.

I'm pretty sure he only had 30 days to object to your exemptions. So it seems like that would be it. Keep us posted!

[leena]

I think you will be just fine. The trustee just got his nose out of joint about your case and is making what hassle he can. Considering you have little to nothing left and are under median income, it will not I predict amount to much at all but hassle.

[AngelinaCatHub]

It means that the trustee is suitable to act as his own attorney on behalf of administering my case. An affadavit of disinterest is filed whenever the trustee wants to hire himself as a lawyer in regards to a case. In my case it probably means that he is going to take my tax return and maybe some other property, or it could mean a 2004 exam in regards to my property since I used to be high income. Who knows.... I think its in regards to the tax return.

Thanks for that definition. I've never heard of such a thing. Now we had a motion to have a Trustee hire a lawyer and then we had a simple in the lawyer's office interview. It was a 2004 in which we paid back our god-daughter's loan.

The final compromise was that I would pay in six months when my retirement annuity would be due. They accepted for less and all is well.

It is probably your tax return. 'Hub

[backtoschool]

Thanks for that definition. I've never heard of such a thing. Now we had a motion to have a Trustee hire a lawyer and then we had a simple in the lawyer's office interview. It was a 2004 in which we paid back our god-daughter's loan.

The final compromise was that I would pay in six months when my retirement annuity would be due. They accepted for less and all is well.

It is probably your tax return. 'Hub

Thank's 'hub. I think it's the tax return and possibly he is still going to try to give me grief about my saab. That is all it could be at this point.

[Tom_Mi]

My trustee filed all those docs in order to take my wife's "half" of our return.

She was a homemaker, and the trustee (a female attorney, likely pi**ed that some women don't work) found some precedents in other states where a non-earning homemaker isn't entitled to exempt 50% of the return.

My attorney was about to fight it, and had a worthy argument, but his costs would have equalled what I'd get back. ...and the trustee knows that. We settled for 25% of the return, written on a check rubbed I rubbed on my dog prior to mailing.

If I weren't broke, I'd have had no problem pursuing it for 2 reasons:
-Spite: I like to call bluffs as a matter of principle.
-Precedent: I'd love to have set a precedent that helps people like me in the future.

[backtoschool]

My trustee filed all those docs in order to take my wife's "half" of our return.

She was a homemaker, and the trustee (a female attorney, likely pi**ed that some women don't work) found some precedents in other states where a non-earning homemaker isn't entitled to exempt 50% of the return.

My attorney was about to fight it, and had a worthy argument, but his costs would have equalled what I'd get back. ...and the trustee knows that. We settled for 25% of the return, written on a check rubbed I rubbed on my dog prior to mailing.

If I weren't broke, I'd have had no problem pursuing it for 2 reasons:
-Spite: I like to call bluffs as a matter of principle.
-Precedent: I'd love to have set a precedent that helps people like me in the future.

I filed in Eastern Michigan. I wonder if we had the same trustee?

[Tom_Mi]

I filed in Eastern Michigan. I wonder if we had the same trustee?

I'm Western Michigan. This trustee is from way up north actually by traverse bay.