Motion to Stir up Emotion

[free2breathe]

Not that I was holding out much hope that the trustee would let us go, but found the Order and Notice Fixing Time to File Proof of Claims.

I think the trustee assumes our tax refund is going to be much larger than it really is. I just did the math, and after taking his portion, without admin fees, each creditor, if they file a claim, would be entitled to about $31.26

Though I don't care if he takes all our refund, it just seems a little silly to do all that paperwork and administer an "estate" that seems so paltry. At least I don't feel the need to check Pacer again for a while. They have a few months to file claims.

[debee]

Sorry for the delay, f2b. It does seem kinda funny to go to all that trouble for $31.26. Joke's on them.

[free2breathe]

Thanks debee. Just going with the flow here. I know the asset distribution is all relative to who files claims, etc. We only had a couple cc debts, the rest was mostly medical. It will be interesting to see who files claims. And at this point, it's not really important what gets distributed to whom. What's important is that when all is said and done, we have a fresh start and a chance to move forward with a fresh outlook on our finances.

[tobee43]

Not that I was holding out much hope that the trustee would let us go, but found the Order and Notice Fixing Time to File Proof of Claims.

I think the trustee assumes our tax refund is going to be much larger than it really is. I just did the math, and after taking his portion, without admin fees, each creditor, if they file a claim, would be entitled to about $31.26

Though I don't care if he takes all our refund, it just seems a little silly to do all that paperwork and administer an "estate" that seems so paltry. At least I don't feel the need to check Pacer again for a while. They have a few months to file claims.

my understanding of an "order and notice fixing time to file proof of claim" is as follows:

Under Rule 2002 (e), if it appears that there will be no distribution to creditors, the creditors are notified of this fact and are informed that if assets are later discovered and a distribution is likely that a new notice will be given to the creditors. This second notice is prescribed by Rule 3002 (c)(5). The rule is amended to direct the clerk to give at least 90 days’ notice of the time within which creditors may file a proof of claim. Setting the deadline in this manner allows the notices being sent to creditors to be more accurate regarding the deadline than was possible under the prior rule. The rule previously began the 90 day notice period from the time of the mailing of the notice, a date that could vary and generally would not even be known to the creditor. Under the amended rule, the notice will identify a specific bar date for filing proofs of claim thereby being more helpful to the creditors.

now...someone will correct me if i'm wrong, but it's just you waiting period is now being addressed to ALL your creditors...giving or informing them of the allotted time period to file a claim...i'm not thinking it's your 30 bucks...i really think you are fine. a rose by any other name is still a rose.

[AngelinaCatHub]

Bummer. We had the same thing but more. You have been found to be an asset case. I believe 30 days are tacked onto the 60, not 90 more days. So your 60 day club has become a 90 day. Now here is what will happen, some non-secured creditors will attempt to prioritize their claims. Most will be turned down. Your taxes, or the medical will fall above any unsecured. So let them enjoy their 30 bucks.

Remember the Trustee has to go by the letter of the law no matter what it costs them. Foolish I know. 'Hub

[tobee43]

Bummer. We had the same thing but more. You have been found to be an asset case. I believe 30 days are tacked onto the 60, not 90 more days. So your 60 day club has become a 90 day. Now here is what will happen, some non-secured creditors will attempt to prioritize their claims. Most will be turned down. Your taxes, or the medical will fall above any unsecured. So let them enjoy their 30 bucks.

Remember the Trustee has to go by the letter of the law no matter what it costs them. Foolish I know. 'Hub

all for $30 bucks...what a shame!!! it's NOT bad enough they have squeezed every dime out of us, one way or another....but to extend the time for a possibly few dollars is just simply penny wise and dollar foolish!

[free2breathe]

Bummer. We had the same thing but more. You have been found to be an asset case. I believe 30 days are tacked onto the 60, not 90 more days. So your 60 day club has become a 90 day. Now here is what will happen, some non-secured creditors will attempt to prioritize their claims. Most will be turned down. Your taxes, or the medical will fall above any unsecured. So let them enjoy their 30 bucks.

Remember the Trustee has to go by the letter of the law no matter what it costs them. Foolish I know. 'Hub

The trustee deciding that there was a possibility of assets didn't really come as a surprise, since during the 341 he stated that a portion of our 2010 tax refund was property of the estate, plus ordered us to turn over the paltry amount in our bank account on the date of filing, plus a quarter of hubby's earned but unpaid wages. So, not a big deal to us really. I think it's just more seeing the order to send out the notices to creditors that stirs you up a bit. We had a rather large refund for the 2009 tax year, and when he saw that, you could almost see his eyes light up, lol. My emotions are back in check, and it is what it is, and it will all be over before we know it.

[tobee43]

The trustee deciding that there was a possibility of assets didn't really come as a surprise, since during the 341 he stated that a portion of our 2010 tax refund was property of the estate, plus ordered us to turn over the paltry amount in our bank account on the date of filing, plus a quarter of hubby's earned but unpaid wages. So, not a big deal to us really. I think it's just more seeing the order to send out the notices to creditors that stirs you up a bit. We had a rather large refund for the 2009 tax year, and when he saw that, you could almost see his eyes light up, lol. My emotions are back in check, and it is what it is, and it will all be over before we know it.

this experience is one that is a roller coaster of emotional high and lows...i understand exactly what you're saying...you may not have been surprised, however, actually seeing the order, just is a tough one to swallow.

you got it! it will, indeed, be all over before you know it and you'll be moving forward and onward!