Evidentiary hearing. I can not take another 3 months!!!!!

[olivies]

Haven't had a chance to speak with our attorney yet, but I guess the latest on our hearing last week was a final hearing date?? This showed up on PACER and I'm FREAKING out! Witnesses?? I can't afford to pay for witnesses on our side- not even sure who that would be or for what. (OH- but I would love to have the recording of our 341 played where the UST walks in and says she's there representing planned parenthood. Non-biased my a**) I certainly can't afford all the additional attorney fees it sounds like this is going to accumulate- we're up to $3200 in addition to what we paid to file so far. Another hearing, however many more hours of work for the attorney's office, "witnesses", plus a day off of work for DH, the gas to get to the court house an hour away, babysitter for the day...

I'm seriously wondering if we should just file to convert to a 13 and duke a low payment out for that instead because I can not handle another 3 months! We filed in June of 2010 for crying out loud. My husband's hair was not white at all when we filed- it is now. And that's not a joke.

THIS CASE came on for hearing on the Motion to Dismiss Case Pursuant to 11 U.S.C. Sec. 707(b)(1) and (b)(2) filed by United States Trustee (Doc. No. 15 ) pursuant to the notice of preliminary hearing served on the parties hereto. The Court is satisfied that the matter is now ready for final evidentiary hearing. Accordingly, it is
ORDERED:
1. Final Evidentiary Hearing. The final evidentiary hearing is set for August 18, 2011 at XXXX PM in Courtroom XXXXXXXXXXX .

2. Witness List. The parties shall exchange names and addresses of witnesses within fourteen (14) days of the date of entry of this Order.

3. Exhibits. The parties shall exchange exhibits no less than three (3) days before the date set for the final evidentiary hearing. All exhibits the parties intend to introduce into evidence must be premarked and listed in accordance with Local Rule 9070−1. Unless written objection is filed with the Court and served by facsimile transmission no later than twenty−four (24) hours before the final evidentiary hearing as to their authenticity, copies of the exhibits will be admitted in lieu of originals.

4. Summary Judgment Motions. Any motion for summary judgment shall be filed by thirty (30) days prior to the final evidentiary hearing . The Court will set a hearing on the summary judgment motion prior to the final evidentiary hearing. If the motion for summary judgment is denied in whole or in part, the final evidentiary hearing will proceed as scheduled herein.

5. Pending Motions. All properly filed and pending motions, other than motions for summary judgment, not previously disposed of shall be heard at the final evidentiary hearing.

6. Discovery Cutoff. All discovery shall be completed by seven (7) days before the date set for the final evidentiary hearing.

7. Discovery Disputes. To the extent there are disputes during the conduct of discovery in this case, the parties shall first confer in good faith to resolve the issue. If unsuccessful, the parties, or any of them, may request a telephone conference with the Court at a convenient time for all parties at which a court reporter will not be present. If the request is granted, then the Court will hear from the parties and advise the parties informally as to how the Court might rule if formally presented with the dispute. The Court’s informal ruling shall be without prejudice to the right of the party to file a formal motion and be heard further on the matters in dispute.

[tobee43]

olives..you have been through the mill. i just can't believe what you had to endure.

if there is already a legal process in movement and you're now thinking a 13 is the best way to go, why not call your atty and see if you have any options since the trustee wants a dismissal...unless this pertains to some slight proofs you need to present to the court.

the trustee is asking for a dismissial for some reason that your atty should know about??????

[olivies]

the trustee is asking for a dismissial for some reason that your atty should know about??????

I know the trustee's objections. The main one being our rent vs the standard rent allowance. That's really the only thing that pushes us over the edge of the means test, unless something else has come up now. Waiting to hear back from the attorney.

[tobee43]

I know the trustee's objections. The main one being our rent vs the standard rent allowance. That's really the only thing that pushes us over the edge of the means test, unless something else has come up now. Waiting to hear back from the attorney.

i'm holding my breath with you..

[JEM]

What's that about the trustee representing Planned Parenthood??

Good grief. I can't believe you are still dealing with this.

[olivies]

What's that about the trustee representing Planned Parenthood??

Eons ago, our 341 started with the regular trustee, our attorney and ourselves. About a minute into the 341 questioning the UST walked in, came up to the desk where we were all seated and introduced herself as So-and-So with the UST's Office and Planned Parenthood. We all just kind of looked at her, not knowing what she meant. She then explained the comment and said "Well, they do have six kids! Six - wow".

[frogger]

Eons ago, our 341 started with the regular trustee, our attorney and ourselves. About a minute into the 341 questioning the UST walked in, came up to the desk where we were all seated and introduced herself as So-and-So with the UST's Office and Planned Parenthood. We all just kind of looked at her, not knowing what she meant. She then explained the comment and said "Well, they do have six kids! Six - wow".

A warped sense of humor gone astray.....

[keepsmiling]

Witnesses??? for what?? Perhaps you should parade your kiddos in there to prove you really have them lol... this just gets dumber and dumber and I really feel for you. Can you act as your own witness?

I guess you are making some kind of ground-breaking case law in your district, and they are not about to make it easy. My concern for a 13 would be that they still wouldn't allow you the amount you need for rent, and you'd be scratching to make your payments and possibly have to take the rent money from the food budget. The remarks from the trustee are just over the top.

I really think you should write some kind of book after this is over, so that some good may come of all these tribulations.

Rooting for you in the Northeast corner.

[free2breathe]

Eons ago, our 341 started with the regular trustee, our attorney and ourselves. About a minute into the 341 questioning the UST walked in, came up to the desk where we were all seated and introduced herself as So-and-So with the UST's Office and Planned Parenthood. We all just kind of looked at her, not knowing what she meant. She then explained the comment and said "Well, they do have six kids! Six - wow".

Oh my gosh, this just infuriates me. How totally inappropriate! There should be some sort of repercussion for her. UST or not, that was totally uncalled for and extremely unprofessional.

[daylate]

Isn't your 341 recorded? I would think you could use that remark of hers to show that she is prejudiced against you and should be removed from the case. At least that would happen on Harry's Law. Seriously, I would bring that up somehow at your hearing to show that she is not being impartial/fair in her dealings with you. I'm so sorry you have to deal with this kind of a person. Good luck and keep the faith.

[tobee43]

i 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???

[chicagoannie]

olivies - you are STILL not done???!!! Aren't you the person who needed a SAFE rental for your large family? I think I remember you from about 100 years ago. We discussed the need for a rental away from sex offenders, etc where the property was legally large enough for a big family and your rent was over the IRS standard, correct? Is this issue still holding you up? What a d@mn shame - I wish I could help.

[free2breathe]

This has just been eating away at me. I'm so appalled at the UST's comment, I went and looked up their mission statement and core values. I think she fell way short in your case:

U.S. Trustee Program Mission The USTP's mission is to promote integrity and efficiency in the nation’s bankruptcy system by enforcing bankruptcy laws, providing oversight of private trustees, and maintaining operational excellence.

U.S. Trustee Program Vision It is the vision of the United States Trustee Program to administer its legal, regulatory and administrative responsibilities for America’s bankruptcy system in a manner that maintains system integrity, efficiency and operational excellence.

U.S. Trustee Program Core Values Integrity. We will adhere to the highest ethical standards and display professionalism.
Fairness. We will be impartial and honest in performing our duties and responsibilities.
Respect. We will treat others with dignity.
Excellence. We will enhance the effectiveness and efficiency of our service.
Accountability. We will continuously measure and improve our performance and results.

U.S. Trustee Program Goals
Protect the integrity of the Nation’s bankruptcy system
Promote effectiveness and efficiency within the Nation’s bankruptcy system
Maintain operational excellence that achieves desired results through continuous improvements in administration (including human resources) and services

[tobee43]

This has just been eating away at me. I'm so appalled at the UST's comment, I went and looked up their mission statement and core values. I think she fell way short in your case:

U.S. Trustee Program Mission The USTP's mission is to promote integrity and efficiency in the nation’s bankruptcy system by enforcing bankruptcy laws, providing oversight of private trustees, and maintaining operational excellence.

U.S. Trustee Program Vision It is the vision of the United States Trustee Program to administer its legal, regulatory and administrative responsibilities for America’s bankruptcy system in a manner that maintains system integrity, efficiency and operational excellence.

U.S. Trustee Program Core Values Integrity. We will adhere to the highest ethical standards and display professionalism.
Fairness. We will be impartial and honest in performing our duties and responsibilities.
Respect. We will treat others with dignity.
Excellence. We will enhance the effectiveness and efficiency of our service.
Accountability. We will continuously measure and improve our performance and results.

U.S. Trustee Program Goals
Protect the integrity of the Nation’s bankruptcy system
Promote effectiveness and efficiency within the Nation’s bankruptcy system
Maintain operational excellence that achieves desired results through continuous improvements in administration (including human resources) and services

in ones idealist dreams...just like justice is law...as sad as it may seem it's simply not reality .

[debee]

U.S. Trustee Program Core Values Integrity. We will adhere to the highest ethical standards and display professionalism. Fairness. We will be impartial and honest in performing our duties and responsibilities.
Respect. We will treat others with dignity.
Excellence. We will enhance the effectiveness and efficiency of our service.
Accountability. We will continuously measure and improve our performance and results.

I guess olivies' UST was sick when they covered this chapter in the training manual.

Thanks for looking this up f2b and reminding us that the UST is an ordinary person with a job and a job description/mission.

If it's on the tape, I would report her.

Maybe you can help the UST's Office improve their operational excellence by transferring the force residing in the upswing of your booted foot to the padded section of her humanitarian resources.