Substantial abuse of Power by the trustee

[edwards2]

kelly, we got one of those infamous letters from the trustee as well...and also a day before our discharge. She also asked for a motion to extend time and duh...received it. I dont necessarily buy the theory you are being punished for "sinning" because we had serious medical issues and still got the letter. We also thought that since the BK trustee seemed to accept our case we were pretty much home free because no creditors showed up at our 341 either. Obviously that was not the case. We were told to provide more documentation and subjected to a 2004 Exam with the U.S. Trustee. It sounded ominous but in actuality it was a blessing in disguise because I told her our whole sordid story and she discharged our case. The red flag for us was high income and private school tuition. Your daughter's tuition is court mandated; ours was a post-trauma necessity. The trustee in our case filed the motion to extend time for 6 weeks and our 2004 Exam was held and done by the 5th week. Trust me I was the poster child for anxiety those 5 weeks but when it was all said and done having your one on one day in court might be the best way to push your discharge through. The trustee does not know all the specifics of your case; sometimes when they do know those details they judge your case a lot differently...as they did ours. ON paper we made a lot of money and had our son in a private school so we had this elitist thing going on and trying to file BK at the same time. That could not have been further from the truth...If your case comes to that just be completely honest no matter what. If you arent and slip up your case is doomed.

[AAAArt]

Help cannot be found in a bottle. God lnow I and countless others have tried.
Put the F**king bottle down. Quit feeling sorry for yourself and get some help!
Sure you've got a right to throw a giant pity party and get rip-roaring drunk, BUT put a time limit on it. There are no re-plays in life and every day that you waste is precious.
Go get some help. Try AA. Good people and the price is right. Find a place that can use some help like a homeless shelter and volunteer. Find a therapist/counselor, spiritual leader/psychiatrist or whatever and get help. Anti-anxiety drugs can be much less addictive and still allow you to function.
You have an addictive personality! A lot of us do. It can be very helpful or very destructive. It is not good or bad...it just is. Learn how to handle it.
I am amazed that no one else has called you on this statement. I wanted to this morning and didn't have the time. Bk is to offer us a fresh start. It is a "right" granted by the constitution. Thank God for it. We all know it's tough. Read Minnie's story sometime.
You are paying outrageous child support, The Trustee has issues with your filing. BFD!!!
We are here to support and give advice from our own experiences.
My advice from my own experience is that I will support, but I will NOT enable you while you destroy your life. Take a hard look in the mirror and see if you can find the man that you used to be.
You CAN NOT do it BY YOURSELF at this point! Get help, please!
You remind me so much of myself at one point that I can't decide whether to cry or come over there and kick your *ss. Neither is going to help though until you seek help.
IMHO, the first place to seek help is with Step 1 from 12 step programs. "Admitted that we were powerless and had lost control of or lives." (paraphrase)
Buddy, even though we've never met, I love you and feel your pain, but not to have called you in this would not have been being a friend. You really are in my thoughts and prayers. Art

[FoolAndHisMoney]

Well said Art!!! One more thing to add as it works for me. I always look up in the sky on a clear night, see the stars and realize in this vast universe me, my bills and credit score are nothing but a spec if that. In a hundred years from today my bills, collection calls, trustee, judge, means test won't mean a damn thing! It's nothing but a spec of dust!

GOOD LUCK!!!

[kelly]

[bkfiler]

kelly, great to hear that you have been ruled no asset! whoo hooo!

one day at a time only. nothing ever gets solved any faster.

not sure if you ever found friendship as aa meetings but they can help tremendously and your wouldnt believe how many people understand what you are going through. check them out for your own good

[kelly]

BKFiler and AAAart and the rest of the friends: I was in the process of attending the AA meetings and finding the best psychiatric help until the Trustee gave a no asset distribution report two days ago, I haven not had a drink or med since. So I may not need these anymore (meds or the booze)!
Unless the US trustee becomes involved and runs me through the whole process again. But for now I am relaxed a bit and concentrating on my job.

Thanks for all your help!

[bkfiler]

nice! glad to hear it. dont worry about the US Trustee. you wont hear anything from him until the very last day. this is almost always the case.
so you are free and clear for awhile still.

[AAAArt]

As they say in Australia, "Good on ya, Mate!" I wouldn't give up on meetings just yet. The physical part of drinking is only a very small part of what goes on. It is the emotional, physical which really needs healing and re-education. Normally. when you things can throw you as much as this did you, it doesn't all go away at once. It does take time. Best wishes, Art

[kelly]

Is it over?

Today was the last day of the 90 day extension that the trustee had requested to investgate me. I never showed up for the hearing, so the extension was granted. In that period, the trustee asked for documents which I provided and after reviewing that she gave a Report of no Distribution and said that the case had been fully administered. Since there were two more painful moths for extension to come to an end during which, I never heard from either of the trustees, am I off the hook and can expect a discharge? Or the US Trustee still has the authority to pull some rabbit from the hat? His extension to dismiss on the grounds of substantial abuse also expired today. Or do they have until the midnight today?

May I start to relax and breathe easy and start a new? This has been very painful seven months and had I known it would do me so much harm, I would have opted not to file for 7.

You folks have been a great bunch, once the discharge is granted. I will follow up with a posting full of gratitude.

Regards
Kelly

[keepmine]

DO you have a pacer account? See what is being reported.

http://pacer.psc.uscourts.gov/

[kelly]

Last 20 minutes until the deadline...

DO you have a pacer account? See what is being reported.


http://pacer.psc.uscourts.gov/

The PACER has not been updated since the Trutee report of having administered the Estate and the report of no assets.

Technically both trustees have 20 more minutes and then I should be discharged.

Then again I am not an expert and we are here to help each other.

Thanks a lot!

[Annika]

Good luck, Kelly!

Our case was drawn out for a crazy length of time, too, because the trustee thought we had more $$ in our home than the exemptions allowed. Ours lasted almost 8 months, and I dealt with the stress by drinking too (although not extremely heavily ... a bottle would last me almost a week). It definitely didn't make the problem go away. Once our case was closed, I realized I was tired of waking up with hangovers (even minor ones are icky!), so I cut waaay back.

Stress stinks.

[Minnymouth]

Yes, stress sucks...............

Me, I'm still 489 days and still counting waiting for the Trustee to close my case..............
He's still holding out waiting to see if I am going to file suit against the bank/mortgage company/title company/attorney..........
He wants his "finger in the pie" too...........
Am fixing to petition the judge to close my case..... no reason for it to still be open...........everything is DONE!!

My case has been going on now for 606 days..... 489 since discharge.......... GETTING OLD!!!!!

I will petition the Court and if that doesn't work I will petition the Attorney General and see what the problem is...........

[kelly]

Today was the last day of the 90 day extension that the trustee had requested to investgate me. I never showed up for the hearing, so the extension was granted. In that period, the trustee asked for documents which I provided and after reviewing that she gave a Report of no Distribution and said that the case had been fully administered. Since there were two more painful moths for extension to come to an end during which, I never heard from either of the trustees, am I off the hook and can expect a discharge? Or the US Trustee still has the authority to pull some rabbit from the hat? His extension to dismiss on the grounds of substantial abuse also expired today. Or do they have until the midnight today?

May I start to relax and breathe easy and start a new? This has been very painful seven months and had I known it would do me so much harm, I would have opted not to file for 7.

You folks have been a great bunch, once the discharge is granted. I will follow up with a posting full of gratitude.

Regards
Kelly

I think I am confusing everyone now. The 60 day period and 90 day extension came to a maturity yesterday. Trustee wanted to investgate and did and after that gave a no asset report. So, technically all should be almost over or can they come back and start all over saying ... jee we were backed up etc etc. Pacer is not gonna get updated for a few days/weeks, they have been slow at it.

Regards

[Michelob]

Well, since it's unlikely that you can throw yoruself at the meci of the Trustee (ha ha), my heart goes out to you. It's amazign how fast we can get into financial trouble. I think part of the blame is the way they give away credit. Especially when you are down!
Good luck, I truly mean that.