Nightmare just before 341 meeting tomorrow

[bellee]

So what a complete nightmare.
Apparently one very angry small personal creditor I owe contacted everyone on my credit matrix list a couple of weeks ago. (several small personal loans
and a few ex tenants = 14,000, little credit card debt)

I had some police detective at my door while I was away.

My lawyer is handling it but says that the creditor probably freaked out that they might not get payed and went after me.

My 341 meeting is tomorrow and will actually be an asset case because my house does have equity in it above my exemption.

So these idiots will all be payed off but instead of waiting they're trying to get fraud charges against me.


But Im now completely unnerved and freaked to see who shows up tomorrow.
Im afraid of them railing against at me in front of the trustee.

The one thing I don't know and need input on is how much creditors are allowed to ask me at the meeting. Do I have to even answer their questions ?

Also two of them have kept emailing me AFTER I told them the automatic stay was in place.
The bankruptcy court isn't helping me figure out how to notify them of this transgression.

And lastly the trustee says I need a signed copy of my petition and schedules in court.
I gave my original to the court and can;t find my copies today. Should I call the court to get copies ?

[blankslate]

First, yes - go to the court clerk and get copies of all of your papers. You'll have to pay for them. You can also download and print them from PACER if you have an account.

Personal debtors are the worst in bk. It's always emotional and personal and they think bk laws don't apply to them or that they just don't understand them. Every nightmare case I've read about on this forum (including my own) was over a personal debt.

They can ask you any questions they like about your financial situation, income and assets in front of the Trustee. Just make sure you're telling the truth. My debtor tried to grill me about "additional income" that didn't exist. I answered truthfully and the trustee actually ended up reprimanding her over her actions. Especially the part when she said she planned on suing me every six months.

I think Trustees see this a lot. You have already acknowledged that you are an asset case with equity and plan on surrendering your equity. Most likely the Trustee will have some stern words for this debtor and a warning about violating the automatic stay. If they DO reprimand this debtor, make sure to ask for a transcript of the hearing so you can have it for future legal issues.

Good luck tomorrow. Take a DEEP breath. Make sure you have EVERYTHING the Trustee has asked for or else your case will be continued.

[bellee]

First, yes - go to the court clerk and get copies of all of your papers. You'll have to pay for them. You can also download and print them from PACER if you have an account.

Personal debtors are the worst in bk. It's always emotional and personal and they think bk laws don't apply to them or that they just don't understand them. Every nightmare case I've read about on this forum (including my own) was over a personal debt.

They can ask you any questions they like about your financial situation, income and assets in front of the Trustee. Just make sure you're telling the truth. My debtor tried to grill me about "additional income" that didn't exist. I answered truthfully and the trustee actually ended up reprimanding her over her actions. Especially the part when she said she planned on suing me every six months.

I think Trustees see this a lot. You have already acknowledged that you are an asset case with equity and plan on surrendering your equity. Most likely the Trustee will have some stern words for this debtor and a warning about violating the automatic stay. If they DO reprimand this debtor, make sure to ask for a transcript of the hearing so you can have it for future legal issues.

Good luck tomorrow. Take a DEEP breath. Make sure you have EVERYTHING the Trustee has asked for or else your case will be continued.

I just had a long talk with my Trustee. Who knows how he'll act tomorrow, but today he was very patient and polite and helpful.

Unfortunately he says even though my house estimates are 30000 k over my exemption, he doesn't think he will bother selling or keeping my case an asset case.
jEEZ.
He said of course its up to me, but he's warning me that if i surrender the house everything may go to paying off the mortgage and nothing left over for me or the creditors.
At least I told him I want them paid off.
Also he said he hears this all the time that small creditors go the most 'ballistic' and constantly try to get fraud charges pressed so the debts aren't discharged.
Oy vey.
Thanks for the info. Im off to the library pc to print stuff out from pacer.

[blankslate]

I just had a long talk with my Trustee. Who knows how he'll act tomorrow, but today he was very patient and polite and helpful.

Unfortunately he says even though my house estimates are 30000 k over my exemption, he doesn't think he will bother selling or keeping my case an asset case.
jEEZ.
He said of course its up to me, but he's warning me that if i surrender the house everything may go to paying off the mortgage and nothing left over for me or the creditors.
At least I told him I want them paid off.
Also he said he hears this all the time that small creditors go the most 'ballistic' and constantly try to get fraud charges pressed so the debts aren't discharged.
Oy vey.
Thanks for the info. Im off to the library pc to print stuff out from pacer.

Good luck with everything tomorrow. I'm glad you contacted your Trustee and were able to talk to him. At least you are prepared to face your creditor and won't be blindsided at your meeting. You're not alone in this experience. This forum is filled with stories of people who's own families showed up to the 341 and tried to derail their bk.

[bellee]

Good luck with everything tomorrow. I'm glad you contacted your Trustee and were able to talk to him. At least you are prepared to face your creditor and won't be blindsided at your meeting. You're not alone in this experience. This forum is filled with stories of people who's own families showed up to the 341 and tried to derail their bk.

Thanks, but the one creditor who contacted me and I advised to not contact me again, has contacted me YET again
The little witch wrote

Date: Thursday, October 29, 2009, 2:59 PM
> haha...that is funny. I'll see you in
> court next week :-)
>
> On Thu, Oct 29, 2009 at 2:37 PM,
>me
> wrote:
>
> you have violated bankruptcy rules,
> insulted me with name calling
>
> and will be hearing from my lawyer next week.

that's creepy.

Should I file for a contempt remedy or what ?

[blankslate]

I would not respond to that person again in any sort of personal way - especially email. Let the bk court handle correspondence from now on with legal notices. Your friendship and personal relationship are clearly over.

You should also print the emails and any other correspondence from this person to give to your lawyer. The Trustee will probably have some choice words for her.

Good luck tomorrow!

[AngelinaCatHub]

What state are you in Belee? If it is a homestead state, they cannot take it. (The house) Looks like you will be getting a good Trustee. We had a wonderful one.

I would keep every bit of email that you get, that creditor broke the law against your automatic stay. If he is like the @$$ we had, he is likely to sue you in an Adversary Procedure. I doubt he would win and surely would need proof of fraud. The Trustee does not seem to be worried about jerks like this.

There may also be other things your enemy did by contacting your other creditors. I would suggest Libel, as well as Slander per se.

Slander per se, is a real sticky one as the Court considers this as guilty first then you prove your innocence. Slap that one on the Jerk. It is assumed as it is a "horn blown" that cannot be unblown. Google it and you may see it's value. He made a big mistake by addressing your other creditors. You could be having him owe you money if you handle this right. 'Hub

[frogger]

Good luck today. Let us know how it works out.

[blankslate]

How did it go? Keep us updated!

[bellee]

How did it go? Keep us updated!

The trustee seemed fine. The questions were short and easy.
I had two creditors show up. One of them I decided to just talk to and she acted nice and didnt even ask questions.
The other guy is a total nutcase who didnt move in a room in my house I rent out.
He also had violated the automatic stay by turning up as my house last month.

He is a grad student/substance abuse counselor who it turns out does drugs (he called me when he was doing shrooms, plus i have email stating that !)
I was shocked to see him turn up. I was tempted to mention his drug use if he asked me questions.

Anyway he started asking the Trustee questions instead of me.

The trustee looked at him coldly and told him he couldn't give him legal advice and to only ask me questions.

The creditor then asked me then same question (im blanking now on what it was) and I repeated what the Trustee said, that I couldn't give him legal advice.

Then that was that and I actually walked outside with the girl creditor will mr shroom guy followed us too. He tried to talk to her and she just stared at him blankly.

To be honest, because she was the ONE persona who has been cool in this debacle, I want to pay her back sometime.

Anyway I still have 3-4 other creditors who are causing havoc and trying to get their debts thrown off petition by asserting fraud. Grr. I have a lawyer involved now in that aspect. Yay for wonderful pro bono lawyers.

[bellee]

What state are you in Belee? If it is a homestead state, they cannot take it. (The house) Looks like you will be getting a good Trustee. We had a wonderful one.

I would keep every bit of email that you get, that creditor broke the law against your automatic stay. If he is like the @$$ we had, he is likely to sue you in an Adversary Procedure. I doubt he would win and surely would need proof of fraud. The Trustee does not seem to be worried about jerks like this.

There may also be other things your enemy did by contacting your other creditors. I would suggest Libel, as well as Slander per se.

Slander per se, is a real sticky one as the Court considers this as guilty first then you prove your innocence. Slap that one on the Jerk. It is assumed as it is a "horn blown" that cannot be unblown. Google it and you may see it's value. He made a big mistake by addressing your other creditors. You could be having him owe you money if you handle this right. 'Hub

I tried to say to the Trustee he could take my house and he said no it wouldnt be worth the hassle. (thats on tape that I TRIED to make it an asset case)

Oh slander. Good one. Im sure they have been all slandering.
Ive looked at 2 of the civil suits they had filed and there were outright lies on there. (lies that are actually easy to disprove)

[bellee]

BTW the court clerk at my Bankruptcy court is the nicest person...She didn't charge me for the printouts yesterday of my petitions and schedules...
I'm sending her an Xmas card !

[MNBK7guy]

I guess the apples don't fall far from the crazytree. I can't blame the people for wanting to sue you to get their money back since you took their cash in bad faith. If you take money from a person with the promise they can move in and then break that promise but keep the money, in my world that is fraud. I would be suing you too.

[AngelinaCatHub]

Exclusion to bankruptcy discharge:

Title ll, 523(a)4,6


(4) for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny;

(6) for willful and malicious injury by the debtor to another entity or to the property of another entity;

http://www.law.cornell.edu/uscode/11/usc_sec_11_00000523----000-.html

[justbroke]

Wow, I wouldn't wish those creditors on anyone.