Originally posted by debee
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Evidentiary hearing. I can not take another 3 months!!!!!
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Originally posted by tobee43 View Posti think olives is in the same district as we are and we had a female trustee that almost badgered some of the poor people...
really HOW dare anyone say that or refer to your children, what did your atty say about that one. couldn't he/she have asked for a different trustee??? based on what happened at the hearing. since apparently, there is some bias here???
I will ask that he brings it up at the hearing however.
#1- I do think it show's she's not just doing her job. She's not required to be impartial. She's required to examine the case completely partial to the law, and that's ok. However, when she made that comment she brought her personal partiality into the case examination IMHO.
And #2- Ummm....hello? How can she state "Six- WOW" and then not acknowledge that a family of 3 children (which would fit us into the family of 5+ for rent standards) is surely different from a family with 6.... 6 WOW... kids??? Would she have said "Three...WOW". ? No, she most surely would not have. So if 6 kids is such an out of the ordinary factor in her viewing of the case, that it causes her to make an inappropriate comment, how is it that it has no bearing on our case?? My attorney said surely the court wouldn't purport that a family with 8 or 10 kids is be able to take only the 5+ rental standard. So there's a line of reasonableness somewhere. A family of 5+, when you have a couple filing jointly, assumes 3 kids. So how does doubling that number of children not impact the rental standard? How is the line of reasonableness not crossed?Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!
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Originally posted by olivies View PostAttorney said nothing. He's been of the "play nice, work the strategy around her motions and let's see how this pans out" up to now. I'm not sure if we can ask for another trustee since it's the one from the UST's office and not the regular bankruptcy trustee. ??? And, doing so may just incite more flames from whomever steps in. :/
I will ask that he brings it up at the hearing however.
#1- I do think it show's she's not just doing her job. She's not required to be impartial. She's required to examine the case completely partial to the law, and that's ok. However, when she made that comment she brought her personal partiality into the case examination IMHO.
And #2- Ummm....hello? How can she state "Six- WOW" and then not acknowledge that a family of 3 children (which would fit us into the family of 5+ for rent standards) is surely different from a family with 6.... 6 WOW... kids??? Would she have said "Three...WOW". ? No, she most surely would not have. So if 6 kids is such an out of the ordinary factor in her viewing of the case, that it causes her to make an inappropriate comment, how is it that it has no bearing on our case?? My attorney said surely the court wouldn't purport that a family with 8 or 10 kids is be able to take only the 5+ rental standard. So there's a line of reasonableness somewhere. A family of 5+, when you have a couple filing jointly, assumes 3 kids. So how does doubling that number of children not impact the rental standard? How is the line of reasonableness not crossed?8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9
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