Possibly some really good news re: my engagement ring!

[DivorceRuinedMe]

My atty just called to tell me that the trustee may be abandoning my engagement ring because it's not worth what she thought it would be. I guess she got it appraised and it's only worth $600! So, the trustee said she doesn't want to keep the case open as an asset case for just my ring - it's not cost effective I guess.

She also said that if I'm going to get a tax return that she might still keep it. I don't think I'll be getting a return this year though as my husband cashed out his 401K in March to the tune of 21K so that we could buy our house. He didn't pay taxes on it so we will likely have a hefty tax bill this year. My attorney did ask me if I filed married filing separately if I would get a return and I was like, well, I don't know. I haven't filed yet b/c we are waiting on my husband's w2 still.

My question is, can the trustee make me file married filing separately and just take my return when my husband is currently unemployed (he is a stay at home dad) and I'm technically the one responsible for paying his tax debt if he owes??? Does anyone know???

[woohoogirl]

I don't have any answer to your question, BUT I am so glad to hear you will get to keep your engagement ring. I know that was one of those "straw that broke the camels back" things. Have you heard anything about your audit? I thought I read somewhere that audits had been suspended.
Finally something is going your way!!

[lrprn]

Sounds like your trustee is one of the ridiculous ones that give all trustees a bad name....sheesh.

No member has ever posted here that their trustee forced one of them as a married couple to file separate tax returns that would benefit the trustee personally. Also despite extensive reading and online searching, I haven't heard of a case where this has happened either. However, your trustee is not the normal trustee so who can predict what to expect?

Find out first if your lawyer is willing to fight the trustee if she tries to force you to file separately. If your lawyer isn't willing, then find a good tax preparer and make certain you don't get a refund if you have to file separately.

Hearing stories like yours makes me so angry. I'm sorry you are stuck with this trustee that is operating so far outside the norm. Any time people are involved, bad applies inevitably sneak in. Just wish this bad apple didn't have total control of your finances at the moment. Hang in there! This too shall pass.

[DivorceRuinedMe]

I will for sure fight it if this wicked trustee tries to get me to file separately. I will talk to my attorney about it when she calls back to tell me what the trustee wants to do. I'm anxiously awaiting that news.

And no news on the audit yet. I had to supply more documentation awhile back but haven't heard anything since then. No news is good news I guess. I'm set to discharge on 02/19/08 and I'm having surgery on 02/21/08 so I have a lot going on right now to really worry about the audit. I can't see them finding anything though as I have nothing to hide.

Everyone say a prayer for me about the ring, the tax return, the audit AND my surgery please!

[$$only4ever]

I am so glad that you will be able to keep your engagement ring. I cannot believe that this trustee is so greedy. Good luck Div with everything. I have you in my thoughts.

[tallberry]

Div, what area of Florida are you in? I am filing in Tampa and was told that of the 14 trustees, there are two that are "stinkers" (the paralegal at my attorneys office told me this). Best of luck to you...it sounds like you are in the home stretch now!

[DivorceRuinedMe]

Div, what area of Florida are you in? I am filing in Tampa and was told that of the 14 trustees, there are two that are "stinkers" (the paralegal at my attorneys office told me this). Best of luck to you...it sounds like you are in the home stretch now!

I'm in the Middle District of Florida as well. I guess I got one of the "stinkers". Hope you don't get her too!

[defender90]

oh no! Im in the middle district of florida! and have a female.. (i noticed you said she).... I hope this is not the one that I have! is her mailing address a city that starts with S?

[gophermn]

Why is there no commonality between Trustee's? Why are they so different?
One Trustee doesn't care about your tax refund, the other does. One Trustee wants your rebate, the other doesn't. And now we find one asking about an engagement ring? WTF!

Trustee's acting like this only MAKES you want to lie and be unethical when doing your petition. After all, if my Trustee asked questions like that I would be "are you serious"? Can I line you up against other Trustee's and see if we are at a consensus with a question like that. Sigh!

I guess it amazes me that this whole BK process is by the book and has very very strict guidelines, yet, we find Trustee's and their routine to be night and day difference when comparing to others.

[DivorceRuinedMe]

oh no! Im in the middle district of florida! and have a female.. (i noticed you said she).... I hope this is not the one that I have! is her mailing address a city that starts with S?

That's the ONE! Her initials are SSJ.

[defender90]

was she that hard on everyone the day you went?

[DivorceRuinedMe]

Yes she was. I'm so sorry you have to deal with her too. She was so cold and just...uncaring. Not that she has to care at all but I don't know, show a little bit of compassion or something.

[defender90]

Darn. That is scarry.

Looking at the positve side though.. You lived through it right? and I will too. Was there a lot of games? like asking for 80 years of bank records and such? or was it more like you used all of your deductions and if she could find anything.. anything it would put you over and she would get her cut?

Thanks a lot for your insight. I am sory you had to live through it first!