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

[backtoschool]

I think this is what's probably happening to me - TT has filed the motion to retain counsel, and my case has been changed on pacer to an asset case.

I know he wants my tax refund for '09 (stated that at the 341 en masse to all assembled), but the lawyer is probably because he wants some funds that passed from me to my fiancee last year.

I can only hope that I'll be able to make a deal with him for a payback on that (suing my fiancee would be useless - as he has less than I do, and I've got diddly squat).

How soon did your case get changed to an asset case after your trustee filed the motion to retain counsel?

[last2cents]

Virtually simultaneously - within a few hours of the notice being filed.

However, it looked like whatever got put in the system to change to the flag to asset was filed in batch to apply to a number of cases. Since he told all of us at the 341 he wanted our tax refunds, I'm pretty certain that every meeting he held that day got turned into an asset case.

[backtoschool]

Virtually simultaneously - within a few hours of the notice being filed.

However, it looked like whatever got put in the system to change to the flag to asset was filed in batch to apply to a number of cases. Since he told all of us at the 341 he wanted our tax refunds, I'm pretty certain that every meeting he held that day got turned into an asset case.

Tax refunds are dealt with on a case by case basis in my district, and are handled through paperwork that goes on the docket. Also, from searching pacer, it looks like in my district, trustees appoint themselves as attorneys anytime any liquidation, or any possible liquidation, of the estate has to take place, including a tax return.

[leena]

I was told that in MN the standard is that a tax return must be 2500 or more for the trustee to take it. I know other places it is much lower, or pretty much left up to the trustee on a case by case basis (we really need to reform BK reform!).

[Michigan1951]

duplicate post.......sorry.

[Michigan1951]

Western Mi District

To Tom Mi, there are TWO trustees in this district. One female, and one male. The female is a newbit herself to this position, and wet behind the ears I am told. I wish you luck if you have her.............whew! I got lucky and I have the male Trustee, but my 341 isn't here yet so I am not okay either.
Thanks for posting as every chat about certain districts, etc. helps more than you know.

[freakedout]

I'm going to be filing in West Michigan also, so love to hear info about the local process. Retaining an attorney tomorrow. Very nervous about whole process and what the trustee might object too.

[Michigan1951]

From what I heard (good sources) the male Trustee is the nice guy!! The female Trustee might be a little more difficult. Make sure you get an experienced bk lawyer that might even have a good relationship with the Trustees even. I don't mean illegally, just a good bk lawyer that knows how the trustees work in Western Mi. Stay with the forum so I can report back to you as well about my 341 tomorrow and beyond......

[Tom_Mi]

I'm almost done, and yeah, the female is a pain. Especially if your wife doesn't have a job.

When I was selecting attorneys, the first one (a nice female atty) was afraid to even consider CH7. She said CH13 was my only hope. I think the problem was that this Trustee doesn't like female attorneys either. My current attorney knew her and didn't have "much" trouble. At least we got the CH7 thru.

[Tom_Mi]

If any of you michiganians are trying to delay a home foreclosure and your atty is helpful, send me a pm. I need to drag mine out as much as possible to save $$ for the next place. ..but I don't think our laws give us many options.

[backtoschool]

Well now I definitely I think I am being singled out by my trustee for having been a formerly high income chapter 7 filer. I got compulsive and looked up every case that my trustee had on the same day as me. There is only one other asset case for him that day. All of the other cases are no distribution cases with under 100k of unsecured debt.

I think he is just trying to get whatever he can get, but seeing how different my case looks from all of the other ones that day at least made me understand more why I am most likely being turned into an asset case.