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    Message on Answering Machine about coming to house

    to look at my personal property. I filed on 7/28. 341 on 9/8. Objection on exemptions 10/14 or so.

    Today, I came home to a message saying the trustee is wanting a home visit for an asset check of my personal property.

    What are they looking for in particular? I claimed all the furniture, but I have little knick-knack stuff around the house.

    I guess I am confused and wonder what I should have or not in a BK 7? Everything I have is over 4 years old, nothing new except a TV that is 2 years old. But my house does look nice, people tell me it is like a model home, I just have a decorating skill I guess. HELP ME!

    Thanks!

    #2
    The Trustee's in your district do that regularly (send someone out to the house). Take a look at some of the posts from FloridaGuy and others in the Middle District. As far as I know, this is the only district that sends someone out to look at the house and its contents fairly often. Remember your things really are not worth much, even if they are in good condition. Unless you have something of value that you did not declare, there is nothing to worry about.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      What if they did? Hypothetically speaking? Say they forgot something. Or, if they are like us and have such a disorganized garage, could there be something someone else could see as having value? Could there be disagreement about the value of something claimed? What could/should one do in an area that visits?
      1/15/10 Filed ch7 2/18/10 314 meeting
      2/22/10 Report of No Distribution
      4/20/10 Discharged 5/20/10 Closed!

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        #4
        I also live in S.Florida, & was told by my lawyer that the trustee will most likely come to the house. They just come to make sure you listed everything of value, and are not hiding something. I have a roommate, so anything they find is gonna be hers *wink

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          #5
          The same thing happened to me on day 63 and what I did prior to the appraisal was to make a list (with pictures) of damages and needed repairs to my home and gave it to her while we did our walk through. I was working under the assumption that she might miss something that might be important because on the surface my house looks halfway decent but trust me there are many things that are in need of repair that could have been easily overlooked. Turns out she was extremely nice and it wasn't nearly as bad as I thought it would be. I found out that she also had to file BK herself once and was very sympathetic so you'll never know.

          As for the contents, I gave a pretty complete list of what I owned and nothing is new or extravagant so I had no problems there, however what they can't see they can't appraise! JMO Anyway.
          Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
          341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
          Case Closed 07/15/2009 :D:yahoo:

          Comment


            #6
            So they are mostly looking for the big stuff right? I declared all the big pieces of furniture, computers, TV's. It is the little knic-knac stuff that I have my house decorated in, you know, the stuff you pick up at TJ Maxx to put on the counters, tables, etc. I have alot of that stuff, fake greenery etc. That is what makes the house look warm and comfy.

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              #7
              Assuming you were truthful.. try not to worry about it. If you forgot something then you forgot something and you can make changes or let the trustee sell something. You also got to think along the lines of audits the trustee is probably required to do to justify their job or why they are not selling more things.

              So, you will most likely see more visits in the beginning and end of the year. My wife stressed about some of the things such as value of rings & furniture etc, I said we were truthful and honest as can be with everything. If they have a problem with we will make right. Good luck.. easier said then done.. but try not to stress

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                #8
                I'm confused. I thought the trustee only had 10 days after the 341 to object to exemptions.

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                  #9
                  Originally posted by LMT View Post
                  I'm confused. I thought the trustee only had 10 days after the 341 to object to exemptions.
                  The trustee has 30 days to object to exemptions not 10.
                  You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                  Comment


                    #10
                    Same Thing Happened to Us - SW Florida

                    I'm right there with you, Beachymama. Had our 341 hearing end of October and thought it would be smooth sailing.....NOT! Everyone who went ahead of us were asked a standard array of questions and then sent on their merry way. Not us - Trustee said he would have someone contact us to come to our house to take an inventory and she wants to see our tax return next year (we expected that as we usually get a good bit back). Attorney wasn't concerned and we were told that the call probably wouldn't come. No such luck. Got the objection to exemptions first and then the call a couple of days ago for the inventory- it's been scheduled for December. What the heck! we are so "middle of the road" it isn't even funny (very modest house, cars, income, jobs). I really don't get it as I'm sure the Trustee will end-up paying more to have the inventory done than she can get from our Target "art work" and pee stained rugs. By the way, I live in SW Florida, also. We're bummed, but whatever makes them happy, I guess. Of course, we aren't taking the process lightly. We never thought we'd end-up bankrupt, but cc companies put the screws to us despite years of on-time payments and our minimum payments skyrocketed leaving us in the red every month - we just couldn't keep up anymore. Anyway, we'll see what happens. Honestly, I'm not concerned about the stuff as there is nothing there of any real value. Short of my kids' pictures, I wouldn't be heartbroken to see anything go - they can haul off the Rooms to Go couches that my dog rubs his body on and our grill with the broken handle and which houses various small animals. That said, I am concerned that the Trustee will get the sad inventory and be all pi**ed off that there isn't anything of real value and file a Motion to Dismiss based on the belief that we're hiding whatever it is he thinks we have. The only thing I can figure - besides the fact that I now know that it apears to be standard for trustees to do this in SW FL - is that we had a good sized home equity line, it's gone, and there was nothing of real value listed on the inventory. BUT, he didn't even ask what it was spent on. If he had, we could have accounted for it. We'll see how it goes. I'll try to update you. Good luck!
                    Last edited by neverpc; 11-13-2009, 02:50 PM.

                    Comment


                      #11
                      Well, I am just not going to stress out about it. I have called the appraisers two times and they have not responded. I am just going to decorate my house like I usually do in Thanksgiving and December. I have 4 kids and we put up the tree and decorate the fireplace, put lights up etc. Nothing is antique or expensive, so if he (Trustee) is looking for stuff to sell, I don't think I am what he is looking for.

                      Anyway, I will keep you updated on anything that occurs.

                      Comment


                        #12
                        SW Florida here....TT disputed our vehicles first and when we had them appraised, the values came in slightly under what we listed on most and up slightly on our boat...she then set up an appraiser to come over for our personal property in the house.

                        after the appraisal, values were up some and we're paying some money back.
                        we're not dancing for joy over it but we're not devastated either...it is a small price to pay the debt we discharged annd we got to keep our stuff.
                        Ch.7 filed 4/8/09
                        341 5/19/09
                        Ch.7 DISCHARGED 8/9/09!

                        Comment


                          #13
                          Like how much more? hundreds? thousands? what was your experience with the appraisers?

                          Comment


                            #14
                            I am with the appraiser now. I am nervous, but she seems nice. She has asked me mostly about electronics and appliances, their ages. Anyway, so far so good I think!

                            Today I came home to find my case has been discharged, at least the creditor debts have been discharged! Yay!

                            Now I hope that I don't owe the Trustee, fingers crossed!

                            Comment


                              #15
                              Had our property inventory done, too. Really nice lady - spent about 30 minutes of the two hours originally scheduled. Surprisingly, she didn't do too much looking beyond what was in plain view - no closets or drawers opened. Interestingly, she mentioned that she does a lot of property inventories for debtors who work in law enforcement. Maybe the trustees hate cops, or they believe that, generally, cops are more likely than others to have large numbers of firearms which retain value or appreciate more than other personal possessions. Thankfully, we only own one personal firearm beyond the one my husband was issued for work. So, now we wait. I imagine the Trustee will be annoyed that we have nothing of any real value - just like we stated on the inventory we provided the court. In fact, the lady who came to the house said she thought we overvalued everything. Now, we still have to deal with the car and the tax refund the trustee wants.

                              Comment

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