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Update on my case, part 4

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    Update on my case, part 4

    Given that I posted an update on my case in answer to someone's question, and that that thread is in immanent danger of getting closed soon due to drama, I decided to post an update to my case in a separate thread so that people searching for information on high income and formerly high income chapter 7's can have my complete story.

    To cut a long story short, my attorney finally got in touch with my trustee to find out why I am an asset case and what my assets are. The only asset I have at this point is a $1,000 "preference", which consists of two $500 checks that I wrote to my mother in the last year to help her pay for bills. One check was to help her with her taxes, and one check was to pay a doctor's bill for her. The trustee is calling those "preferential payments" and sent my mother a nasty letter, demanding the money and threatening to take her to court if she didn't pay him immediately. My mother called me, very shaken and scared and was convinced that she was going to have to come up with money that she doesn't have to pay him. This letter came the same day that my lawyer finally got in touch with me, so I didn't have time to prepare my mother.

    Anyway, I calmed my mother down, told my lawyer to try to negotiate with the trustee, but that if it came to it, I would pay the $1,000 to my mother somehow (numerous atm withdrawals most likely....) and then she could pay the trustee.

    It looks like the trustee was so busy terrorizing my family that he missed my next years tax return that will be well over 10k due to my severance payout in January. He is not going after my tax return.

    So, I am a $1k asset case that will discharge soon hopefully.
    You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

    #2
    That's great. I new start for 2010!!

    Comment


      #3
      that's crap does she have proof for the medical? that seems to me it would be a family hardship.
      Filed CH 7 12/1/2009
      341 Meeting 01/20/2010
      Discharged 3/22/2010
      Closed 3/29/2010

      Comment


        #4
        Good luck on getting everything resolved smoothly. :-)

        Comment


          #5
          BTS,

          That is a shame the Elmer Fudd-like trustee had the nerve to scare your mother like that with a letter demanding payment from her. It sounded to me he did not care and just wanted commission out of fishing for an asset. I am just now thinking, isn't $600 the minimum payment trustees would look for from debtors filing for BK? Please correct me if I am wrong. In your case, it was two separate checks. at the trustee. Also, I am glad he did not go after your 2009 tax return! You shall have a good new year to start off with
          Chapter 13 filer since Feb. 2018 under a 60 months payment plan
          Please think positive and do not give up!

          Comment


            #6
            Wow what an a##. Nice about the tax return...sounds like the trustee is getting what they deserve in this case. :-)

            I'm also kinda in the same boat in reverse. I transferred a car to my dad in 2008 but his girlfriend (now fiancee) at the time paid off my loan. The lawyer I will be retaining thinks it will fly because it was at market value, but I'm expecting to be grilled. My dad since sold the car at a loss and filed chapter 7 himself...

            Comment


              #7
              Originally posted by ForumReader View Post
              BTS,

              That is a shame the Elmer Fudd-like trustee had the nerve to scare your mother like that with a letter demanding payment from her. It sounded to me he did not care and just wanted commission out of fishing for an asset. I am just now thinking, isn't $600 the minimum payment trustees would look for from debtors filing for BK? Please correct me if I am wrong. In your case, it was two separate checks. at the trustee. Also, I am glad he did not go after your 2009 tax return! You shall have a good new year to start off with
              The trustee is calling it a "preferential transfer of cash assets" to my mother, so the $600 would not apply I guess.

              I bet I could even fight it and win, but I am going to let him have his $1,000 and get him out of my life.

              Frankly, I am very grateful to be getting through this with only $1,000 in assets and a discharge coming sometime in the next month or so.
              You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

              Comment


                #8
                Were the checks both written within a short timeframe? Is there any way to exempt the funds? I'm so sorry Elmer involved your mother. Thankfully, it appears all will unfold well.

                The tax return is safe?! Woo hoo! Drinks on BTS! PARTY! No, I can't promise we won't encounter any Looney Tunes (as I unintentionally attract them). I promise to do my best to avoid pseudo Elmer Fudds for your celebratory benefit!
                *Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010

                Hakuna Matata...it means NO WORRIES!

                Comment


                  #9
                  Originally posted by HakunaMatata View Post
                  Were the checks both written within a short timeframe? Is there any way to exempt the funds? I'm so sorry Elmer involved your mother. Thankfully, it appears all will unfold well.

                  The tax return is safe?! Woo hoo! Drinks on BTS! PARTY! No, I can't promise we won't encounter any Looney Tunes (as I unintentionally attract them). I promise to do my best to avoid pseudo Elmer Fudds for your celebratory benefit!
                  The checks were written within a month or so from each other this winter/early spring.

                  No, I am not even going to try to exempt the funds. I don't want Elmer sniffing around any more.

                  He can have his $1,000. (of which he will only personally get $250).
                  You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                  Comment


                    #10
                    Sounds like a good plan. Keep the worms in the can!
                    *Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010

                    Hakuna Matata...it means NO WORRIES!

                    Comment


                      #11
                      You Wascwy Wabbit you!
                      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                      Comment


                        #12
                        Originally posted by OhioFiler View Post
                        You Wascwy Wabbit you!


                        Thank you for making me smile, Ohiofiler.
                        You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                        Comment


                          #13
                          Originally posted by tdawg View Post
                          Good luck on getting everything resolved smoothly. :-)
                          Thanks tdawg!
                          You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                          Comment


                            #14
                            Good deal on the 1k. I just had the 341 deal and it went pretty good. However the paralegal for the trustee is kind of dim and screwed up what I had in the bank at the time of filing. I had 50 bucks, and she wrote I had 14xx dollars!

                            Comment

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