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    Meeting of Creditors

    Had my meeting with the trustee today but I am not so sure how I feel about it. He was joking around with everyone else and the minute he found out I was filing without a lawyer he just shook his head!!!
    He asked me why he didn't have my tax return and I told him I sent it he asked where and I told him I sent with my paperwork...guess I was supposed to send it to him that could be why the court sent it back. I didn't get a letter or anything from the court telling me when this meeting was going to be held, I had to call them and they didn't tell me I needed to bring anything either. The only letter I got from them was to let me know that my filing fee had been waived.
    Then he starts asking me what I did with the money from my return...when I told him that I gave 2500 to my ex (1500 for half of what I would get for my daughter and 1000 that I owed him personally) he about flipped and told me someone owes him 2500 and now he wants his address (I know where he lives but not the actual address) and wanted to know why we don't have a custody arrangement through the court.

    I'm sorry but we as parents get along well enough that we didn't feel the need to fight it out in court. He takes her 50 % of the time and as far as the tax thing we have done that every year since she was born.

    I am so uncertain on what to do or what to expect right now. Any advice would be appreciated right now.

    #2
    Honestly? Get a lawyer now..

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      #3
      Originally posted by chriss7532 View Post
      Had my meeting with the trustee today but I am not so sure how I feel about it. He was joking around with everyone else and the minute he found out I was filing without a lawyer he just shook his head!!!
      He asked me why he didn't have my tax return and I told him I sent it he asked where and I told him I sent with my paperwork...guess I was supposed to send it to him that could be why the court sent it back. I didn't get a letter or anything from the court telling me when this meeting was going to be held, I had to call them and they didn't tell me I needed to bring anything either. The only letter I got from them was to let me know that my filing fee had been waived.
      Then he starts asking me what I did with the money from my return...when I told him that I gave 2500 to my ex (1500 for half of what I would get for my daughter and 1000 that I owed him personally) he about flipped and told me someone owes him 2500 and now he wants his address (I know where he lives but not the actual address) and wanted to know why we don't have a custody arrangement through the court.

      I'm sorry but we as parents get along well enough that we didn't feel the need to fight it out in court. He takes her 50 % of the time and as far as the tax thing we have done that every year since she was born.

      I am so uncertain on what to do or what to expect right now. Any advice would be appreciated right now.

      You're in a pickle. Actually, your ex-husband is in a pickle. Since you know where your ex lives drive by there and get the address and give it to the trustee. You can't do anything else at this point since the trustee wants that money.

      -If- that $2500 could be exempted, then by all means amend your petition to have it exempted. Otherwise the trustee is going to get it from your ex and distribute it to your unsecured creditors.
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

      Comment


        #4
        The court would have mailed out a notice of the 341 hearing - as long as you included your proper address in the filing.

        And unfortunately, its not the clerk's job to inform you of what is required... Its your attorney's. Since you didn't file with an attorney, it is your responsibility to find out requirements and fulfill them.

        You do have a problem regarding the income tax refund. If you had the abilty to exempt it as cash on hand at time of filing, and done so, then paid your ex after filing - no problem most likely. But giving money to a family/friend is a preferential payment (since you did not pay creditors equally) and so the trustee can ask for it. Even if you could have exempted it, it is likely too late now.

        You may be able to file a motion and request that the trustee allow you to voluntarily dismiss so that you can refile with an attorney. But that is even a longshot, as he does not have to agree.
        Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
        (In the 'planning' stage, to file ch. 13 if/when we have to.)

        Comment


          #5
          Everything was current on the paperwork that I sent in and I received no notices of any kind except them telling me that my fee was waived. Like I said I had to call to even find out when this meeting was going to be and I guess I assumed when I told them that I didn't receive notice of it that they would have told me the meeting date and told me if I needed to bring anything. I gave him the money before I filed because I honestly had no intention of filing until next year but because of legal matters had to file sooner than planned. Everything is just confusing

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