341 meeting was easy, almost too easy...

[bkfiler]

if the trustee takes money out of your account that you have and that causes you fees and taxes then it is his to pay. not yours.

also, there is a slight chance but im doubtful this proves anything, that if it wasnt mentioned at the 341 then he might not take it. problem with this is he doesnt have to mention it at the 341 for any reason and might not have even looked at it beforehand.

you are going to have to wait until you get the 'trustee report of no asset' on pacer my friend. keep us posted.

[chucko]

if the trustee takes money out of your account that you have and that causes you fees and taxes then it is his to pay. not yours.

also, there is a slight chance but im doubtful this proves anything, that if it wasnt mentioned at the 341 then he might not take it. problem with this is he doesnt have to mention it at the 341 for any reason and might not have even looked at it beforehand.

you are going to have to wait until you get the 'trustee report of no asset' on pacer my friend. keep us posted.

The biggest problem with that is right at the end of the 341, my attorney handed the trustee a copy of my roth IRA statement. I don't know why the hell he did that. The info was in the BK petition, and I feel like I was cruising and then the attorney had to sell me down the river by actually bringing it up and putting it in front of his face. If the trustee wanted information later, I would be happy to give it to him, but why give it to him when he didn't ask? pissed me off.

[bkfiler]

nothing slips through a crack with a trustee. this is like gold to him. this is how he makes his money. lets hope he is fat happy and stupid on the case before yours so that he will just say "i like his attorney and dont really need that much more money today.

[bkfiler]

The biggest problem with that is right at the end of the 341, my attorney handed the trustee a copy of my roth IRA statement. I don't know why the hell he did that. The info was in the BK petition, and I feel like I was cruising and then the attorney had to sell me down the river by actually bringing it up and putting it in front of his face. If the trustee wanted information later, I would be happy to give it to him, but why give it to him when he didn't ask? pissed me off.

oh for christ sakes. are you kidding me?

did you ask him why he did that? imo he was handing an obvious sign of 'truce' for other cases by passing free money to the trustee. what a total a**ho*e. all of that could have been hidden inside the rest of the documents that were submitted prior. i would threaten the attorney with a submittal to the bar if it gets taken. not that it would do anything but who cares, maybe the attorney would 'talk' with the trustee about it.

that is just BS.

[bkfiler]

and if you guys dont think that type of stuff happens then you better think again. we are talking about money and buying 'friendship' and favors. id have a meeting with the attorney in person and make damn sure he knew that he had better call in his favors with this trustee for his mistake.

let him wiggle, let him say whatever he wants. even though the ruling will be made based on some laws, maybe - id still make him squirm.

[Minnymouth]

When this is settled you can file a complaint with the state board of lawyers against your attorney for purposely bring to attention to the trustee that you had a Roth account. This is NOT WORKING IN YOUR BEST INTEREST...

It was in the petition, the trustee had not asked for it, thus your attorney should have NEVER brought the issue up and SPOTLIGHT IT for the trustee......

Keep us posted,

[chucko]

I am going to email my attorney and ask to find out why he did what he did. However I think I might be in good shape. I just checked pacer and found the following:

Certification that 341 Meeting of Creditors Held (Ch. 7) on 01/17/06. Trustee's Report of No Distribution: Trustee requests discharge and certifies under FRBP 5009: the estate has been fully administered; I have neither received nor distributed any non-exempt property; I have diligently inquired about the debtor(s) financial affairs and location of estate property. The estate has no non-exempt property to distribute. (There is no image or paper document associated with this entry.). (szybist(ja), Charles) (Entered: 01/21/2006)


I guess it's the 59 day waiting game until the US trustee feels like kicking me in the nuts. It looks like I am in good shape, would anyone agree that we may have dodged a bullet here?

[jennga]

You dogged a bullet from the Trustee who was so obviously tipped off that I want to puke on him. When I asked my attny if he knew the Trustee he said he had just taken some fresh fish to his (the Trustee's) daughter. At first I thought that was cool, later I kinda worried about it because of this you scratch my back and I'll scratch yours.

In most cases you are ok if you make it with no assets past the Trustee at the 341, but that is what the 60 days is all about, even those of us who didn't have a Roth IRA or anything close to an asset were concerned until we saw "discharged and closed".

At least you are this far and that is a plus
I'd hold your attny's **** feet to the fire for that one.

[bkfiler]

I am going to email my attorney and ask to find out why he did what he did. However I think I might be in good shape. I just checked pacer and found the following:

Certification that 341 Meeting of Creditors Held (Ch. 7) on 01/17/06. Trustee's Report of No Distribution: Trustee requests discharge and certifies under FRBP 5009: the estate has been fully administered; I have neither received nor distributed any non-exempt property; I have diligently inquired about the debtor(s) financial affairs and location of estate property. The estate has no non-exempt property to distribute. (There is no image or paper document associated with this entry.). (szybist(ja), Charles) (Entered: 01/21/2006)


I guess it's the 59 day waiting game until the US trustee feels like kicking me in the nuts. It looks like I am in good shape, would anyone agree that we may have dodged a bullet here?

oh man you are freaking kidding me? you are in like flynn my friend! congrats! he aint going to take anything from you and has passed the case on. all that the US trustee usally looks for is if you should be passed to a chap 13 and thats based on income and expenses.

imo you are good as gold!

of course, like was mentioned - anythng could happen but it probably wont.

[bkfiler]

if it does, demand to check you attorneys call log record lol.