top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Need your advice...

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Need your advice...

    You have seen me mention my Trustee Objection to Exemptions in a few of my posts. Here's the situation I am in...

    I am asking my attorney to call and ask the trustee about it and he (attorney) says I will, then he doesn't call, says remind, then send me an email, etc. He is a wonderful attorney but is an older gentleman and I would assume he keeps forgetting it. However, the more I talk to him about seeing if we can inquire trustee about this objection to exemptions the more upset the attorney gets with me, at least that's how it looks to me. I am asking him how much it would cost and he is not telling me. My friend advised that I just send him a check for $200 but I am hesitant to do that beucase I am not sure of what that would mean to my attorney.

    On the other hand, when I ask my attorney if I should email or call trustee directly, then he says that it's a big no-no. I feel stuck!

    Trustee objected to me having about $5k in cash and checking accounts and a $4k (KBB value) car -- which is highly overpriced as my car is in a very poor condition.

    Honestly, mostly, I would like to know what is happening further. I was discharged and I am very happy about that. However, I don't want to get a letter from trustee one day requested the keys / title to the car and a check for $5k. If that's what it gets down to, there's probably nothing I can do but I don't want that to happen just because I have never take an action (either directly or through my attorney). I also have practical reasons for getting this objection resolved: I want to sell the car for whatever it costs, it's just sitting in the driveway not doing anything.

    Please advise on what to do, maybe what you would do in this situation...

    Thank you!
    Filed CH7 on Aug-06-2009 -- DONE!
    341 meeting on Oct-01-2009 -- DONE!
    Discharged on Nov-12-2009 -- DONE!
    Case Closed on Jun-15-2010 -- DONE!

    #2
    Just hang in there...

    What I did is keep my eye on PACER on a daily basis... you can log in and see if any activity has occurred. If the "date of last filing" hasn't changed then just log out. This way you don't get charged the $.08 page fee.

    If it has a new date from your last login, you can then see what has occurred. I usually saw things happening before my attorney contacted me about it.

    The cash is going to be a problem. More than likely you will have to hand it over... your FLA exemption is only 2K per person filing. Unless you only exempt the cash, and NONE of your other property. (Which you would then have to surrender, as well as the remainder of the cash.)

    Our trustee sent the request letter to the attorney about 40 days after our discharge... but they may be much busier now, than a year ago when we filed. Then it took about a week going back and forth on what we could surrender, and keep based on the personal property appriasal. I need to update my blog... Havn't done that in a LONG time... but may be able to add some additional info.

    Also... warning in advance... if you will be anticipating a tax refund for 2009... expect part of it to go to the trustee as well.

    I know the waiting really stinks...
    Filed 10/11/08 - 341 11/23/08 - Discharged 1/26/09
    2/19/09 Stipulation agreement reached w/trustee - Still awaiting Closed Status
    Check my blog at Steve's Bankruptcy Blog Watch day by day what happens with a PITA trustee! - Web Hosting by Broadband Hosting Web Hosting

    Comment


      #3
      Thanks FloridaGuy,

      Actually I am in Washington state and used federal exemptions and that seemed to cover all of my assets including cash on hand in checking accounts. There seems to be no reason the trustee objected so legally I should be in a win situation...

      My tax refund was not included in the objections to discharge, I think my attorney included that as exempt.

      What I am trying to figure out is what I should do now, should I send my attorney a check? Should I call him and ask again? Should I call the trustee directly?

      Just don't know what to do... my trustee was very proactive on everything but he is not doing anything about the exemptions for over a month now I think -- it makes me wonder if he's just trying to get a settlement from me...
      Filed CH7 on Aug-06-2009 -- DONE!
      341 meeting on Oct-01-2009 -- DONE!
      Discharged on Nov-12-2009 -- DONE!
      Case Closed on Jun-15-2010 -- DONE!

      Comment

      bottom Ad Widget

      Collapse
      Working...
      X