341 meeting Middle district of Fl went bad.

[Floridagail]

We had Hubby's 341 meeting today , it did not go well. It was a Lady Trustee and we assume US trustee together at the table. We figure he was red flagged because he was twice the median income. His expenses do support a chptr 7.
The attorney had not sent in the records he was suppose to. They were mad about that. He just handed it to them.

Then the US trustee was looking at bank statements from January, saw 2 withdrawals from Casino, then it went down hill from there. They were looking for money we may have stashed I think. She wanted to know when he stopped paying mortage, second mortage etc. One of tax returns 2011, showed 10K lottery winning ( which was not ours but we cashed a lottery ticket for friend who owes child support ) it was never brought up. After about 10 mins. The US trustee lady said, we will have to review this further. Attorney seemed shocked too. He said after the meeting, lets see what they do. He figures since bankruptcys are down in Middle district they are really looking them over now. There is no way we could afford to fund a 13 being so behind on the house.

The case b4 Hubbys, Capital One was there representing Best Buy wanting the guy to give up the lap top or reaffirm.

[alo]

Sorry to hear this...fingers crossed for you and hubby. One questions, do his expenses pushing him into Ch7 with an over the median income include house payments?

[Floridagail]

Yes, his attorney said he must retain house and cars thru filing to be able to file 7.

[tobee43]

oh! so sorry it did not go as expected i know there are two woman trustees...we also had one in the middle district, but she was "ok"...or as ok as one could expect.

i'm sure it will all be worked out down the road. what does retain the house and cars through filing exactly mean?

[df04527]

Oh no... Love the middle district for sure...we also (well not me but DD) had a female also. She was an easy-peasy 7 though so nothing came up at all. Hope it works out ok for you!

[AngelinaCat]

Where in the Middle District are you? It cuts a swath diagonally through the whole state from Jacksonville to below Sarasota. We are in the Jacksonville region.

I hope everything works out.

[pamkev]

So sorry to hear your news hoping everything will work out

[Floridagail]

We are in Tampa MDOF, she also questioned his need for work truck and personal Car. She tried to argue it, but He informed her it was business truck and got truck allowance for gas and mileage. Also discussed 2 Timeshares paid for 25 yrs ago, worth nothing, really they have about 100 for sale for 1000 and cannot sell them in Englewood Beach FL. He informed her the yearly maintance was 445 each. She asked how long he had not paid the morgage or cc, I think she was us trustee.
I think what upset him , was the 2 women coming at him at the same time. Felt attacked.

[Floridagail]

Tobee
The attorney told us , He must put on chpt 7 that we are retaining House and car and truck ( even though we plan to let the house go back) or the court might not allow us to use the mortgage payment on means test.

[tobee43]

oooh! got it. so it needs to be done but doesn't mean you HAVE to do it.

[159515951]

Casino withdrawals...cashing a lottery ticket to help your friend get out of paying child support...your attorney not submitting required forms ahead of time, and instead just showing up with them...and intentionally lying about keeping the house in order to qualify for a 7.

You sure you don't want to go for a 13?

[jacko]

Why would you help someone to avoid child support payments?

[Floridagail]

There are special circumstances with our friend. He does pay child support for his 21 yr old son , for past 17 yrs his pay has been garnished 15% to pay back for when he did not pay. He takes care of his elderly mother who lives with him. That is a lot for a 40 yr old man. His x wife also gets every tax refund he is due each year. So when he happen to win 10K, by chance, we agreed to cash his ticket. He only makes 11.00 hr and hardly gets by. We helped him buy a 200.00 car, which he drives to work.
If not He would not have a job.

[Pjmax]

I realize you thought you were helping a friend, but that doesn't seem like a helpful thing for you shortly before filing BK. Was your attorney aware of this?

[Floridagail]

It was Jan 2011, He had no plans to file bankruptcy then. The attorney never asked, so we never mentioned it. Hubby will not tell anyone the real story. It was our winning since we cashed the ticket.