Trustee asks for 2nd Extention to Seek Denial of Discharge

[montana59451]

Is the factoring company a recourse factor or a non-recouse factor (like D&S)? If its a recourse their holding back a reserve on your receiveables, and that is future income in the trustees eyes....

Our factor is non-recourse but again I do not think she understands this concept. On the other hand she does not seem to want any more documents as she has not asked for anything.

[montana59451]

In response to:

"and that is future income in the trustees eyes...."

I am going to assume that the trucking company is either a corp or an LLC. If my assumption is correct then the "reserve" is not OP's future income and is not an asset of the estate. I am also going to venture a guess that the entity's debts (including the factor, liens on the various units, past due taxes (if any) as well as any commerical lease space) far exceed the value of the assets. I am also going to venture a guess that there is no competitor who wishes to buy the stock or LLC membership and that eventually the Trustee is going to abandon the asset. I could be wrong but considering the economy. . .

As stated above this is non-recourse so it is not future income. The LLC has no income of any kind and since the Trustee has us in such "limbo" we have not attempted to go on the road at all since there would be no one at home to receive mail so we could comply with her requests.

At this point, we have no truck or trailer we have only a pilot car which would keep us out up to 3 months at a time . The pilot car is run as a sole propriotorship and she is well aware of this.(A pilot car for those who do not know is a car that escorts very large (oversize) freight from Point A to Point B)

It's been hard making it financially at this point because we have only been taking short runs (so we could be home within a week) and I have been looking for employment doing anything but there are no jobs up here that would pay decently enough (We live 25 miles one way from town so 50 miles a day round trip).

Now it looks like another 90 days of this.

[montana59451]

Why would she be concerned with our personal future income? I thought any income we earn afterfiling was ours.

[tcreegan]

Hi montana59451,

Why would she be concerned with our personal future income? I thought any income we earn afterfiling was ours.

New rules, "any reasonably anticipated change in income" and the "totality of circumstances"

Tell Congress thanks for looking out for the individual,

Tom in Colo

[montana59451]

So....If I got a job that paid reasonably that could be looked at as "anticipated income" and the Trustee could try and do something? If this is true, then the Trustee can literally force me to just scrape by until she gives up?

[BobWang]

At this point, we have no truck or trailer we have only a pilot car which would keep us out up to 3 months at a time . The pilot car is run as a sole propriotorship and she is well aware of this.(A pilot car for those who do not know is a car that escorts very large (oversize) freight from Point A to Point B)

You needed to factor for a pilot car service ?!?!?!? There is virtually no overhead on that, like there is for a trucking company with truck/trailer.

[montana59451]

NO, didn't have factoring company for pilot car (that's what we are doing now) we had truck and trailer when we were factoring

[Fallonedward]

So if your out of work and still out of work by the time the 341 comes and goes and then a few month later land a job, can the trustee come back after you and claim abuse?

Hi montana59451,

Why would she be concerned with our personal future income? I thought any income we earn afterfiling was ours.

New rules, "any reasonably anticipated change in income" and the "totality of circumstances"

Tell Congress thanks for looking out for the individual,

Tom in Colo

[yellowstone]

90 day extensions seem very unusual, unless there have been discovery issues - e.g. the trustee has subpoenaed info and you didn't provide it until the court got involved, or you failed to show for the 341, etc... it all depends on your judge and district,though. i would object to the 90 days in the hope that the court will peel that back to 30 or something more reasonable. be ready to document your cooperation -- ie.dates you were asked for things and when you provided them. the first objection is really only to make sure the court won't give the tt another one. if you have cooperated I would show up in court and object. be polite when you get ruled against, and hope the judge warns the trustee that this better be the last time. you may also be able to file a written objection instead of appearing, but IMHO you will be better served by appearing in person, as long as you can speak politely even when mad and/or frustrated

[bkmystory]

First, understand that from YOUR perspective NOTHING is happening because it involves you, HOWEVER, if the trustee is "investigating" your filing, YOU WILL NOT know everything that is happening behind the scenes...

We have a friend who works for the FBI and he says most people, including the people you see on TV professing their innocence do not know that they are part of the investigation until later(example Susan Smith,Scott Peterson)...and don't understand it can involved other entities of the goverment..such as the IRS...obviously a BK is not the same as murder...

So don't assume that the trustee is not working on your case...as far as a attorney...he/she could be "unofficially" working with a attorney that is not yet OFFICIALLY ASSIGNED to the case...

The trustee has the right to examine everything you claim on your BK and only has to let you know information when it involves you directly or has to be a subpoena...

Not meaning to worry you but you have to look at it from both sides not just your own..

[montana59451]

I posted word for word exactly what the Trustee's motion stated. All it talks about is that she anticipates needing more from us , the debtors and nothing else. It has been a week so far since she made this motion and it was granted and still she has not asked for anything. If she wants something from us then ask and ye shall receive!

[despritfreya]

In response to:

"It has been a week so far since she made this motion and it was granted and still she has not asked for anything. If she wants something from us then ask and ye shall receive!"

Montana, have you not contacted her? You need to be pro-active. If you do not (nicely) push her she will just let your file sit at the bottom of her pile and will file another Motion in 80 days.

Des

[bkmystory]

In response to:

"It has been a week so far since she made this motion and it was granted and still she has not asked for anything. If she wants something from us then ask and ye shall receive!"

Montana, have you not contacted her? You need to be pro-active. If you do not (nicely) push her she will just let your file sit at the bottom of her pile and will file another Motion in 80 days.

Des

Goes back to the same thing I said before....the extension is not ONLY to get additional paperwork from you BUT to INVESTIGATE your bk filing...

You willl have to just sit back and wait...going after the trustee when they are doing their job is a BAD IDEA...

If you want do that, then hire an attorney who will probably tell you to not rock the boat...according to the LAW the trustee can take as long as they want and as you can see the JUDGE supported the trustee's decision...

[tcreegan]

Hey montana, just wanted to empathize with the frustration, I'm only a few days past due on a discharge....can't imagine waiting over a half a year for the UST.

Hang in there,

Tom in Colo

[montana59451]

Thanks Tom!