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Can I call the Judge?

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    Can I call the Judge?

    Hi All, as many of you regulars know that the UST has been involved in my BK. First, for abuse and then afte my 341 the reg. trustee dismissed the motion for abuse, then the day I am supposed to dishcharge acutally 4 hours before the end of the day the UST puts an extension on my BK7 Discharge for 90 days.

    So now its not going to discharged or whatever for 90 days right? Do they ever finished decideing what they are going to do before the 90 days? Also, my attorney justs keeps telling me he hasn't heard from the UST and he is NOT going to call him. I just spoke to him this morning to get status and he says haven't heard anything.

    Can I call the Judge that is listed on my BK and ask for the status? Or is that rocking the boat? I am so curious to kow whats going on. I just do not understand that he extended mine and from what they said 100's of others because so many people are filing and they are going to extened 100's more, how will they ever get caught up? Ohhh, the wait is killing me... What do you guys/gals think?? Thanks as always!

    #2
    I dont

    Really know what advice to give, I hope someone else here does...
    Did you ever call the cc companys to see if they would send what you needed? or send the ones you did have to the UST? also was it on day 60 or day 59 that they extended, and 4 hours before midnight? were they working at that time.. or was it 4 hours before close of their work day?

    I hope you get some answers.. I am praying for you..... I have 2 weeks to go and i am getting more and more nervous, that last day i will be sick all day i Know it...

    Your in my thoughts....

    B
    B x
    filed Ch 7 Oct 31st 2008.
    341 Dec 10th 2008.
    DiSCHARGED Feb 10th 2009

    Comment


      #3
      Originally posted by B65 View Post
      Really know what advice to give, I hope someone else here does...
      Did you ever call the cc companys to see if they would send what you needed? or send the ones you did have to the UST? also was it on day 60 or day 59 that they extended, and 4 hours before midnight? were they working at that time.. or was it 4 hours before close of their work day?

      I hope you get some answers.. I am praying for you..... I have 2 weeks to go and i am getting more and more nervous, that last day i will be sick all day i Know it...

      Your in my thoughts....

      B
      Hey B - You wil be fine... I know its hard not to worry.

      Mine was on the 60 day. It was the day of to discharge. You are also in my prays for a nice smooth discharge.
      Jesse

      Comment


        #4
        Calling the judge or the UST would be a big mistake. The fate of your BK is in your hands, not the attorney's, not the UST's, not the judge's. If you do not call the credit card companies and get the statements as required, you have a 99%-100% chance of being dismissed. It's as simple as that.

        Comment


          #5
          thanks

          Jesse, you are in my thoughts daily, I will be so very happy for you when everything goes ok..... , Day 60, I cannot imagine the pain on that day, my heart breaks for you, was it at 8pm?

          Hugs B XXX
          B x
          filed Ch 7 Oct 31st 2008.
          341 Dec 10th 2008.
          DiSCHARGED Feb 10th 2009

          Comment


            #6
            Originally posted by Help! View Post
            Calling the judge or the UST would be a big mistake. The fate of your BK is in your hands, not the attorney's, not the UST's, not the judge's. If you do not call the credit card companies and get the statements as required, you have a 99%-100% chance of being dismissed. It's as simple as that.

            I did call the cc companies and they will not even deal with me at all, as a matter of fact BOA said we have nothing for you it has been written off and said have your attorney call us. I called my attorney and told him that I was calling the cc companies for the statements and that they will not deal with me. He told me to leave well enough alone and let the UST do what he is doing. He said ago, you passed the means test and you have no assets, DON't WORRY about it.. I asked him if the UST has supeoned the cc companies for the statements and he says we have spoken to the UST and he is not asking us for any now and to just be patient. Yeah, right easy for him to say. So now what do I do? o i sit and wait or do I call. You say no and I will listen to that. I do not want to do anything that will piss off the Trustee. Am I right is there anything else I can do, being the cc companies will not deal with me?

            Comment


              #7
              Yes, it is easy for your attorney to say don't worry about it. He gets his money whether you're in a 7 or a 13 - why should he care? The best thing you can do is to keep good records that show you called each and every creditor and requested copies of statements. Again, write down the number you called, the name of the representative who refused to provide the statements, the date and the time. Save your phone bills.

              If you really want to cover yourself, go one step further and send written requests for statements to every creditor by certified mail. If the UST tries to dismiss your case because you failed to provide the statements, your attorney takes your documentation to the judge and gets the motion to dismiss denied. It's a lot of legwork on your part but it could make the difference between discharge and dismissal. It's worth it!

              Comment


                #8
                Originally posted by Help! View Post
                Yes, it is easy for your attorney to say don't worry about it. He gets his money whether you're in a 7 or a 13 - why should he care? The best thing you can do is to keep good records that show you called each and every creditor and requested copies of statements. Again, write down the number you called, the name of the representative who refused to provide the statements, the date and the time. Save your phone bills.

                If you really want to cover yourself, go one step further and send written requests for statements to every creditor by certified mail. If the UST tries to dismiss your case because you failed to provide the statements, your attorney takes your documentation to the judge and gets the motion to dismiss denied. It's a lot of legwork on your part but it could make the difference between discharge and dismissal. It's worth it!
                I will do that Help - I know what you mean about the attorney, believe me I know he can really give a XXXX about me or my family. Its all about the money with them.....What a shame. I will keep really good records and I will send out certified mail on all the cc companies. This way like you said, IF the trustee tries to dismiss or whatever, I can always says I know body would cooperate with me... Thanks so much.

                Comment


                  #9
                  that is great advice

                  I want this to go the right way for you jesse, I know your attorney is telling you this but i would not just go by what he says, type up a real quick letter requesting the statements and send them certified to each credit card, to type the letter and photo copy it and mail it certified, nothing may come of it BUT if the UST tries to dismiss on you not providing everything you have proof you tried...

                  B
                  B x
                  filed Ch 7 Oct 31st 2008.
                  341 Dec 10th 2008.
                  DiSCHARGED Feb 10th 2009

                  Comment


                    #10
                    Originally posted by B65 View Post
                    I want this to go the right way for you jesse, I know your attorney is telling you this but i would not just go by what he says, type up a real quick letter requesting the statements and send them certified to each credit card, to type the letter and photo copy it and mail it certified, nothing may come of it BUT if the UST tries to dismiss on you not providing everything you have proof you tried...

                    B
                    Hey B - No the UST requested the extension at 1:00 p.m. the day of my 60 days. I only had 4 more hours to go......It sucks...

                    I am going to the Post Office today and grabbing a bunch of certified mails and I am going to send them out on Monday to each and every creditor on my matrix.

                    Its a BitcX that I have to do this when I paid my attorney over 3700.00 for the BK Huh??

                    Comment

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