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Of course, this would be our luck...Worlds worst trustee!

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    #1

    Of course, this would be our luck...Worlds worst trustee!

    So, We saw our attorney today to sign the final schedules. Everything looks good on our part. We are at -300 or so, and have plenty of backup...Then we found out we have the WORST trustee that you can get. Our attorney said that all of the other lawyers do ANYTHING they can to avoid getting this guy. I guess they have even petitioned to get him thrown out. Isn't it just fitting that we got him?

    Our attorney said he wouldn't be surprised if he came through our house and took everything he could (even little things) and that the guy just seems to enjoy making everything hell for the debtors. He also warned us that he might even take our rental deposit! Are you kidding me? I didn't think they could even get that from your landlord!! That's $1,400 that we would have to pay back to the rental company. In addition to the money that we will have to use to buy back our mini-van because it's over the $2,500 exemption by $800 (and that is trade in value. This guy will probably try and charge us dealer high blue book value with our luck).

    Just nail me to the cross and get it over with, already.

    ETA: The attorney's parting words were "I think we are well prepared and ready....Well, the most you can be with an irrational person"
    Jen
    "...and how is it that bankruptcy is considered an "easy" way out by some???"
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    #2
    My sympathies, I sure hope it does not turn out as bad as the lawyer thinks.
    Hired Attorney 8/28/10 Filed Chapter 7 11/08/10 341 12/14/2010 Report of NO DISTRIBUTION 12/15/2010 Waiting for February 14 2011, date objections due.
    DISCHARGED and CLOSED 2/15/2011

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      #3
      Oh man...... Can you withdraw and come back again later???
      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~
      8/10 - began researching bk, 9/10 - stopped paying ccs, 10/10 - paid atty fees, 11/10 - filed c7 - over median income , 12/22 - 341, 12/23/ - no distribution

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        #4
        Geez!!! And I thought I was the only one with that kind of luck! I'm in middle Florida - their rep precedes them! Good luck!

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          #5
          I wish! But, we have a judgment for 53K by our former 2nd mortgage and they can begin garnishing immediately if we do.
          Jen
          "...and how is it that bankruptcy is considered an "easy" way out by some???"

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            #6
            mom2 - maybe it won't be so bad...crossing my fingers for you!
            Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
            New Job 7-2011

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              #7
              crossing my toes for you......oh no---i have a cramp in my toes now.
              That's OK....it's worth it to give you a little more luck!!!
              filed: 8/10 ...341:10/8/10 ... Discharged & Close: 12/9/10
              "Nothing is easy to the unwilling" Thomas Fuller

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                #8
                The good news (maybe...sort of...possibly) is that my attorney told me that he only has so much time to talk and argue with us at the 341 and he said he is kind of picking on the wrong person because we have so much backup (thanks to my 2am research and incessant questions on here ). Plus, he really would make more money by allowing the 7 because, he would make a percentage off our van and it's a Honda Odyssey so it probably would sell really easily at auction. He can confiscate our tax return after we pay our taxes off, which might be a couple thousand, and he can also possibly make money by taking our deposit (which is a real jerk of a thing to do!). He only makes $60 otherwise.

                My attorney said that because we have so much backup, he most likely will not be able to catch us off guard and we really have nothing to hide. We can validate everything as far as our expenses with my letters from my physician, a therapist of mine, and my children's pediatrician. I also have receipts (So, if he really wants me to prove that I spend $700 per mo. on groceries, he is welcome to search through my huge shoebox I have medical records to back up my medical costs, etc.

                If he researches otherwise to try and motion for the dismissal, my attorney said he has so much paperwork to bury him in with all of the laws, and supporting cases. He did say that really he can argue that the law supercedes the schedule no matter what (which is true) although it still may not work.

                But then again, this guy is totally irrational (but, hopefully the judge realizes that since so many attorneys have complained). If the worst case does happen, I have a feeling that because we are all expensed out that our payments would be small and we can handle that. There is less guilt associated with a 13, anyway. Also, the ch. 3 trustee has to allow us to keep at least $1,000 of the return.

                I am just trying to look at the positive, and not dwell on the negative. Like you have all told me, we will get through it and we don't have control over this, anyway.

                I just don't know how I can wait until the 341. It isn't until Mar 22nd!!!
                Jen
                "...and how is it that bankruptcy is considered an "easy" way out by some???"

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