Strange Attorney Actions

[ladycee]

Hi Keepmine,

I like that handle ....it's like saying "come and get it" hehe

Update: Atty emailed me that he remarked to Trustee later that it was mostly interest accrued slowly over long period of time. He also says he thinks Trustee is putting report in PACER that he will be taking no further action in my case. whew!

"just do nothing and wait" I like that one too

so here I am in the 60 day club.....what a great forum this is, it's been a life saver for me.

Chris

[ccsjoe]

Cross posting the congrats Chris!!! LOL

[ladycee]

Kudos Joe,

Here's the Update on my Trustee's Report:

altho I am happy happy happy that he states he will take no further action, I am disturbed that he has not used the Amendment Numbers in my case, so I am posting my email to my atty attempting to get some clarification....I do not mind posting the numbers as I have already posted the numbers from the beginning.....so curious if anyone here knows if I am correct to expect the correct numbers be filed or should I just let it be misrecorded ......I don't have anywhere near $69,000 in Assets and am worried this might generate objections to discharge, but also..........I will have to live with this record for years to come.

so here it is:
Dear XXX,

While I am very happy to read that Trustee XXXX will be taking no further action, I am concerned that this case will be misrecorded, and I would not wish any adverse repurcussions later on down the road:

Chapter 7 Trustee's Report of No Distribution: having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Meeting of Creditors Held. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 2 months. Assets Abandoned (without deducting any secured claims): $ 69088.20, Assets Exempt: $ 28138.00, Claims Scheduled: $ 131595.42, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ 131595.42. (XXXX (Trustee), XXXX) (Entered: 10/07/2010)

Where did these numbers come from?

Assets Abandoned: $69,088.20
Exemptions: 28,138.00

According to my records:

Assets: $12,226.00
Exemptions: 7,338.00 (actually: $7,409.49)

Can you help me understand this?

TIA

Anyone know if I should just let this go? It just seems all wrong/incorrect to me.

Chris

[ccsjoe]

Those numbers come from the summary page of your schedules. They include the value of all assets, even if said assets are not wholly owned by you, for example: My car KBB value was included as an asset on the summary page and its loan amount was included as a debt on the summary page. So although my car is a little upside down, it seems I have a lot more assets than I really do. That's just an example, but that's where the trustee uses the numbers from to make the report of no distribution. If the attorney made a mistake there, I don't think you'll have an issue with it.

In my opinion, not worth worrying about it at this point. You would have to amed the schedules, possibly be subjected to another review, and asked why, during your 341, you did not indicate there were changes or errors to your petition that you would like to bring to the trustee's attention.

[ladycee]

thanks Joe,

Actually the Assets in the original Petition before we filed Amendments were the same: $12,226 .....for the life of me, can't figure out where they got $69,088. We had already filed Amendments including an Amended Summary. The Trustee even discussed the new Value of home which was $30,000 equity and we discussed that I only have $977 equity in the home ....so even adding $30,000 to $12,226 does not explain $69k for Assets.

Also by indicating $28,138 for Exemptions is totally wrong, indicating that I am using the total $21,625 Home Exemption I am allowed ......but I am only using $977 of that.????

Just seems to me that can raise a flag to creditors that I have some Assets they might want to object to......I am also wondering ...don't these numbers get reported to Credit Reporting Agencies?

Thanks for your input Joe....always appreciated......so much fun.....thinking of opening a bottle of wine I've been saving for a few years...

Chris

[ccsjoe]

I did already open a bottle last night...after a 25 oz beer at lunch...lol. I think you're making a mountain out of a molehill here. Really. Unless someone else in this forum has first hand knowledge of this being a disaster, I would just let it go, enjoy the no distribution report, drink that wine, and count the 60 days down.

Creditors can't object based on "thinking" you have assets. The only one to determine asset discovery is the trustee and the UST.

[ladycee]

ok, thanks again Joe,

Trying not to make a mountain out of a molehill............just hope it does not come back to haunt me. My objection should not amount to new Amendments as they were filed already and even acknowledged by the Trustee. His question to my atty as well was do you expect Amendments? and atty replied "made em already"....

ok I will stop now and see what this atty has to say....glad I sent the email tho in case I need to discuss it later.

my wine is a Beaujolais.....what's yours?

Chris

[ccsjoe]

Depending on the mood, Sangiovesse, Barolo or a good robust Rioja.

[ladycee]

[tobee43]

Those numbers come from the summary page of your schedules. They include the value of all assets, even if said assets are not wholly owned by you, for example: My car KBB value was included as an asset on the summary page and its loan amount was included as a debt on the summary page. So although my car is a little upside down, it seems I have a lot more assets than I really do. That's just an example, but that's where the trustee uses the numbers from to make the report of no distribution. If the attorney made a mistake there, I don't think you'll have an issue with it.

In my opinion, not worth worrying about it at this point. You would have to amed the schedules, possibly be subjected to another review, and asked why, during your 341, you did not indicate there were changes or errors to your petition that you would like to bring to the trustee's attention.

ditto....absolutely makes no sense to beat a dead horse.

the schedules can always be amended it's no big deal...unless you make it one which may make them look at you a little closer.

i have read your posts a few times.....and apparently you should just do what YOU feel is right since this situation is not as unusual as you think...but it's YOURS and that makes it important to you.

if you continue to draw attention to yourself...then attention is what you will get.

[ladycee]

Well thanks Tobee,

The point is that the numbers are WRONG!..Even wrong if you consider the totally WRONG Petition first submitted....the numbers just don't add up...and so far I do not know if there would be repurcussions that could come back to haunt me...

So far, all I have done is sent an email to my atty asking him to help me understand......I believe that I have the right to know ...don't you? If it were your bk, I think YOU would want clarification too. If asking for clarification means that I am drawing attention to myself...........so be it. This Trustee's report remains a permanent record of my bk filing. A permanent record that is completely erroneous and if they give me hell for wanting it to be correct........so be it.

That's the bottom line for me.

thanks

Chris

[tobee43]

Well thanks Tobee,

The point is that the numbers are WRONG!..Even wrong if you consider the totally WRONG Petition first submitted....the numbers just don't add up...and so far I do not know if there would be repurcussions that could come back to haunt me...

So far, all I have done is sent an email to my atty asking him to help me understand......I believe that I have the right to know ...don't you? If it were your bk, I think YOU would want clarification too. If asking for clarification means that I am drawing attention to myself...........so be it. This Trustee's report remains a permanent record of my bk filing. A permanent record that is completely erroneous and if they give me hell for wanting it to be correct........so be it.

That's the bottom line for me.

thanks

Chris

well, actually if it were MINE.....i did it...and I approved it....the firm was NOT allowed to enter anything to the court until i throughly reviewed every entry on the petition.

i made that clear from the beginning of our relationship. this is MY bk...not theirs and since i'm somewhat familiar with legal documents, (believe me, far more then their firms paralegals), they must all be approved prior to submission....but certainly NOT after the fact.

and if, something did slip by, then a simple amendment is in order.

the bottom line for me, is that you should have examined it prior to it be submitted and now that it has, just have them amend it.

[ladycee]

Tobee

omg!

I DID review it! I DID Amend it! Trustee even discussed the changes during 341.....So begs the question???? Why are they STILL using the WRONG numbers even AFTER it has already been Amended!

I am not a rocket scientist, but it seems to me that the Trustee's report should have the correct numbers based on the Amendments ALREADY FILED.

thanks again,

Chris

[tobee43]

Tobee

omg!

I DID review it! I DID Amend it! Trustee even discussed the changes during 341.....So begs the question???? Why are they STILL using the WRONG numbers even AFTER it has already been Amended!

I am not a rocket scientist, but it seems to me that the Trustee's report should have the correct numbers based on the Amendments ALREADY FILED.

thanks again,

Chris

do you have a copy of the petition you signed?????

we do....and if you do, and are you saying someone changed the figures AFTER you signed it????

[ladycee]

Tobee,

Please read my post over again. the error is NOT in the Amendments. I refused to allow them to file any Amendments without my review. They had already IGNORED my new appraisal FIFTEEN days after they had it in their hot little hands. Was not going to take a chance with them a 2nd time. Believe me it was quite a struggle to get them to do it right. Correction after correction. When finally they had it right then and only then did I sign. Like I said before neither the Trustee nor the atty can dispute the new appraisal which only gives me $977 equity on my home because the appraiser TEACHES other appraisers, so they had no choice but to accept my Amendments.

Now even if they use the excuse that they have to use the original WRONG numbers from BEFORE the Amendments.....it STILL could never add up to $69k Assets. This is the Trustee Report....NOT the Petition. I am not nor do I think is anyone else privy to review the Trustee's Report. Still if the Trustee report has the wrong numbers on it. There MUST be some recourse. This does NOT involve NEW Amendments, as the Amendments have already been filed and ACCEPTED by the Trustee.

I am thinking it is very possible that the Trustee counts on the atty to file his report. Wouldn't surprise me as my atty made so many wrong calculations already.

Hope that clears it up for you.

Chris