The purpose for taking the property is for the benefit of the creditors per the BK code. It is not to be punative. With $5800 of $6000 exempted and $2000 for the auctioneer how does a creditor benefit? There is nothing for the trustee to get a cut. I would be asking my attorney to call the trustee and enquire about getting my camper back or contest the trustee being paid for this when he applies to the judge for compensation. The panel trustee reports to the US Trustee and to the BK judge and s/he should be held accountable. IMHO
top Ad Widget
Collapse
Announcement
Collapse
No announcement yet.
Yeah-discharged!!! Questions about proceeds from our asset?
Collapse
X
-
Originally posted by jst4f View PostThe purpose for taking the property is for the benefit of the creditors per the BK code. It is not to be punative. With $5800 of $6000 exempted and $2000 for the auctioneer how does a creditor benefit? There is nothing for the trustee to get a cut. I would be asking my attorney to call the trustee and enquire about getting my camper back or contest the trustee being paid for this when he applies to the judge for compensation. The panel trustee reports to the US Trustee and to the BK judge and s/he should be held accountable. IMHO
You have a strong case, if you are discharged at this time as you are, go for the throat. You have nothing to lose. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
Comment
-
Originally posted by jst4f View PostThe purpose for taking the property is for the benefit of the creditors per the BK code. It is not to be punative. With $5800 of $6000 exempted and $2000 for the auctioneer how does a creditor benefit? There is nothing for the trustee to get a cut. I would be asking my attorney to call the trustee and enquire about getting my camper back or contest the trustee being paid for this when he applies to the judge for compensation. The panel trustee reports to the US Trustee and to the BK judge and s/he should be held accountable. IMHO
People mention that we should be so happy to discharge our debts that anything else that happens doesn't matter. I disagree. I think the law should be the law and the tt's shouldn't be able to dance around it in this way.
This is NOT the first time this has come up. Especially in FL.
If I were a lawyer, being the muckraker I am, I'd institute a study on this. It's SOME kind of fraud. There's that whole "smell test" thing-- it should work both ways.
Keep On Smilin'
Comment
-
Okay, I questioned my attorney via email and asked her to look into this. It looks like an exemption is an exemption after all. For that, we are thankful. Here was her response. Soli Deo Gloria!
The camper was sold for $6,600. You will be paid $5,879 of that amount, and the auctioneer will get the rest, since it didn't sell for what they expected. The auctioneer thought he could get 12K for it. I spoke to the Trustee today, and he will be cutting your check in the next couple of days.
Comment
-
COOOOOOOOOOLLLLLLLLLLLLL!!!!!!!!!!!!!!!
i hope you don't miss your camper that much all for nothing!!!
except you got some cash!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
Comment
bottom Ad Widget
Collapse
Comment