Why are some trustees so mean?

[nsupanda]

I went to a 341 meeting today with a friend just to see how things go and to try to gain a sense of relief. I plan on filing this month. Anyway, now I'm more afraid than ever.

The trustee was incredibly mean to most of everyone but one in particular just really got to me:

A man and his wife filed Ch. 7 a few years ago, they're here for their 2nd Ch. 7. The TT pretty much raised his voice and demanded to know why they were back. The man told the TT "Sir, if you will notice, all of our debts now are medical. I had a major heart attack last year and my insurance barely covered anything. I cannot afford to pay all of these bills." The TT did not give him any sympathy, made him feel like a low-life. I felt so sorry for this man and his poor wife.

What is the purpose of the TT being so hateful? I mean, I understand that if you're embarrassed about it and he's mean to you it will probably deter you from getting yourself into this situation again, but I thought bankruptcy was put in place to help people.

And, by the way, who chooses these TT's?

[HHM]

There are professional and not so professional people in all walks of life. Some trustees get burnt out.

As for choosing the trustee, they are randomly assigned when a case is filed. As for who actually appoints trustees, that is the U.S. Trustee office.

[Depressed]

The trustee is probably pissed off because he doesn't have the money to pay his bills. He pissed off at his situation in life and takes it out on everyone else. He probably feels he can't file bankruptcy because of the position he holds.


I'd imagine a complaint could be filed somewhere. Doubt it will go anywhere though.

[tigergem]

Not all trustees are so mean. Mine isn't.

[AngelinaCatHub]

I agree with all respondents above. My Trustee was very kind and I made every possible stupid. As in any crowd, you get all kinds. Go once again to another 341, maybe two. See others in action. This will dispel your myth. The consensuses here is for the most part, if you are honest, your situation will be judged fairly. If you are not, beware. 'Hub

[341]

Most Trustees will know prima facie from the petition if the bk is legitimate or if there are some red flags and the debtor is trying to play the system. But when it's obvious (i.e. mostly medical debts) that's probably just the reaction of a power-tripping Trustee.

[optimistic1]

I would have told him, that it is my right under the constitution, is there a problem? Especially if it was just medical debt, they take forever to report that stuff on your CR, same for the suing.

[justbroke]

Reminds me of the movie "Up in the Air". There are certain ways to deal with people who are in a vulnerable position, such as being laid off, or bankruptcy, as it is in this case. Tact can mean everything.

While this Trustee was right on the law (can't file Chapter 7s back to back when you received a discharge within 8 years of a new filing)... he was wrong on etiquette and professionalism.

They also have bad days. I was told that my Trustee was one of the mean ones. He was laughing and joking when I was there with 3 other pro se filers, and 3 other people with attorneys. Perhaps it was because there were only about 12 people left for the day, but still.

(Come to think of it, perhaps my Trustee was nice that day because the 4 or so people that went before me, were asset cases. )

[nsupanda]

Not all trustees are so mean. Mine isn't.

Note the title of this thread please. "some"

[tigergem]

Note the title of this thread please. "some"

Maybe hypersensitivity on the part of the beholder was the trustee's problem, too.

[dakota112]

HHM is correct. In all walks of life there are those professionals who do there job and then there are those that don't and probably are unhappy, depressed and project that onto the debtor because they can. My TT was a decent guy. He took my tax refund but that was expected and I know it was his job to do so. Live and learn from the experience and move on. Unfortunately with medical debt it is difficult. I suspect with healthcare reform now enacted, 75% of bankruptcies will go away so there will be less of a need for trustees.

[justbroke]

Unfortunately with medical debt it is difficult. I suspect with healthcare reform now enacted, 75% of bankruptcies will go away so there will be less of a need for trustees.

That is not a true statement at all. More than 75% of bankruptcies today, are do to the housing meltdown. Medical bankruptcies aren't even clearly identified in any research. The call it a factor but not the reason in the 60% of bankruptcies that "have" medical debt.

Now, banking reform might get rid of 75% of bankruptcies... But, until then, we will still have this system of Trustees. These people don't have to be Trustees so the statement that they don't like their jobs, by another poster, doesn't seem fit for this situation. Most (Chapter 7 Panel) Trustees are attorneys with a business (practicing bankruptcy or other areas of law). I think of it as "extra" money for them.

[nsupanda]

I suspect with healthcare reform now enacted, 75% of bankruptcies will go away so there will be less of a need for trustees.

I highly doubt it... this guy had private medical insurance AND Medicare coverage. These were the bills left over. Don't be so optimistic about this HealthCare bill...

[tigergem]

Right. Just because they can't deny you coverage, it doesn't stipulate what that coverage must be. What are you looking at for deductibles and copayments under this mandate? What are the exclusions going to be in that policy they are grudgingly issuing you? And I haven't seen (although I don't know for sure) that it mandates that all doctors must accept all insurance plans. And that is a BIG problem, especially with some of the medicare advantage plans. Just because a doctor accepts medicare assignment, does not mean he/she is required to accept medicare advantage plans EVEN IF the plan itself says you can see "any doctor". If you get stuck with a plan for a year that no doctor wants to accept, or is "too new"... it's really a PITA.

[Mensa1]

[QUOTE=dakota112;397647]I suspect with healthcare reform now enacted, 75% of bankruptcies will go away so there will be less of a need for trustees.[/QUOTE]

dakota... you might be getting ahead of yourself a little bit here. This health reform doesn't really take effect fully until 2014; 4 yrs from now. The law is full of ambiguous language and no one at the legislative level bothered to sinc the language with insurance law, etc. So we are far from folks not having financial worries from health care costs. Maybe in time, but not yet.

Right. Just because they can't deny you coverage, it doesn't stipulate what that coverage must be. What are you looking at for deductibles and copayments under this mandate? What are the exclusions going to be in that policy they are grudgingly issuing you? And I haven't seen (although I don't know for sure) that it mandates that all doctors must accept all insurance plans. And that is a BIG problem, especially with some of the medicare advantage plans. Just because a doctor accepts medicare assignment, does not mean he/she is required to accept medicare advantage plans EVEN IF the plan itself says you can see "any doctor". If you get stuck with a plan for a year that no doctor wants to accept, or is "too new"... it's really a PITA.

Well, they still can deny you coverage; sorry. Again, this will phase in over time, and the way that the language is stated in the law now the ins cos can't refuse to cover a condition but they CAN refuse to cover you completely. There is no such thing as guaranteed issue yet, (except for 5 or 6 states that already have it), maybe it is coming but there are so many problems that this law has created with little advanced planning and lack of professionals being involved in writing the legislation, that it is now a quagmire.

As to Medicare Adv plans, if someone doesn't check to see that their doctors are accepted by the plan, in advance, then they have no business signing up for MA to begin with. Just a fact. But MA isn't really a problem like the problem of those who cannot buy ins b/c they will be refused coverage due to health conditions; referring to under age 65 ppl, not those eligbile for Medicare or MA plans. This will be fixed in time, but it will still be a couple of years yet.