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Trustee playing games with my case?

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    Trustee playing games with my case?

    I filed Chapter 7 with a lawyer on August 12, 2005. The 341 was held on Oct. 12; at the meeting, the trustee said he wanted to see my credit card statements to be sure they were mine alone, and my husband, who was not filing, was not on them. He gave us 21 days to comply, and we complied. On Nov. 8, we were to appear again, but my lawyer put in an appearance. The trustee said he didn't have all the information he needed; my lawyer said all he had asked for was given to him. Now, last week the trustee said he wanted a copy of all my accounts that were in bankruptcy. So we are in the process of providing him with all this.
    The thing that makes me angry is, I had all this information when I went to see the lawyer last summer. He told me it wasn't necessary to have copies of all the account statements, and I could file those in the circular file (trash can.) In September I cleaned house and got rid of all that stuff, and now I'm having to go through hoops to get copies. I've spent hours on the phone with companies to get the information; it isn't easy, once they charge you off to Bankruptcy, to get copies of anything.
    I'm an obvious no asset case; all that I own is also owned by my husband, who is not filing. We don't have much, anyway. We reaffirmed our home mortgage. We have an old car and an old pickup truck; the car (2001 Honda) has 140,000 miles on it; the pickup truck is 12 years old and has 104,000 miles on it.
    So what is the trustee doing here? I got the feeling at the 341 hearing that he didn't like me, because I wasn't afraid of him and I wasn't in awe. So is he trying to make me squirm?
    Is there some way to get a trustee replaced, the same as you can get a judge replaced?
    If he continues to drag this out I will just die.
    Filed Chapter 7, 8/16/05, 341 10/12/05
    Discharged 2/16/06, Case Closed 3/8/06
    FICA Score (Equifax) as of 10/13/06 - 645
    (It was 506 on 10/12/05)

    #2
    Frankly, I'd be talking to the lawyer for a partial REFUND (His advice SUCKED) and since he's the one who told you to do this, I'd possibly offer him a choice. Either have him start tracking down the info, or face a bar complaint.

    Regarding the trustee, I think he wants to make SURE the accounts are seperate and that hubby isin't hiding things...

    Comment


      #3
      That was my initial feeling, but

      [QUOTE=Genenco]Frankly, I'd be talking to the lawyer for a partial REFUND (His advice SUCKED) and since he's the one who told you to do this, I'd possibly offer him a choice. Either have him start tracking down the info, or face a bar complaint.]

      The problem is I've already asked him for a reduction of his fee, and he has retained ME for some work I've done regarding real estate, so it wouldn't be prudent. However, I'm really ticked off at the trustee for being such a jerk. He KNOWS I'm not hiding anything. The creditors would be hounding my husband for payment if he were on the bills, and I wouldn't have filed alone if that were the case, either. I think he is just being a jerk because he knows he can't grab any of my assets.
      Filed Chapter 7, 8/16/05, 341 10/12/05
      Discharged 2/16/06, Case Closed 3/8/06
      FICA Score (Equifax) as of 10/13/06 - 645
      (It was 506 on 10/12/05)

      Comment


        #4
        I see now (Said the blind man)

        [QUOTE=Pinktiger]
        Originally posted by Genenco
        Frankly, I'd be talking to the lawyer for a partial REFUND (His advice SUCKED) and since he's the one who told you to do this, I'd possibly offer him a choice. Either have him start tracking down the info, or face a bar complaint.]

        The problem is I've already asked him for a reduction of his fee, and he has retained ME for some work I've done regarding real estate, so it wouldn't be prudent. However, I'm really ticked off at the trustee for being such a jerk. He KNOWS I'm not hiding anything. The creditors would be hounding my husband for payment if he were on the bills, and I wouldn't have filed alone if that were the case, either. I think he is just being a jerk because he knows he can't grab any of my assets.

        Oh, I see...OK, he gets to live...

        Now regarding the trustee...Hmmmm..Could be he's just got a chip on his shoulder...And yes, he's probably wanting more $$$ (He probably sees other trustees driving nicer cars then him) and finally, hey he's human and maybe he's having trouble with his wife (Or she could be his ex now!) and so, transference is occuring!

        Comment


          #5
          i think you might just have to grin and bear it to be honest. work throrugh the situation to the best of your abilites as you are doing. it sounds like just luck of the draw.

          i dont see anything that would get your trustee replaced at all. also, the attorney didnt do much wrong in a way that you could file a bar complaint imo. the things mentioned just dont rise to that level.

          however, this is what i would do.

          the attorney can, and many do this for their clients, get on the phones and request the copies. they are faxed right away usually. id have him do this if you need more for the trustee.

          somethings just run smoother then others and yours is having hiccups. im sure it will be over and back on track soon. dont worry too much.

          good luck
          Im not an attorney or a trustee. You cant trust me either though!

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          Comment


            #6
            Thanks - I think it will all be OK now - last week I contacted all the other creditors and got the information we needed, either for my lawyer to fax or they are faxing.
            One creditor in particular, Citifinancial, was extremely difficult to contact. I ended up with about 11 different numbers before I finally contacted someone in the right department. I was put on hold for days, literally.
            Filed Chapter 7, 8/16/05, 341 10/12/05
            Discharged 2/16/06, Case Closed 3/8/06
            FICA Score (Equifax) as of 10/13/06 - 645
            (It was 506 on 10/12/05)

            Comment


              #7
              A little late for this acvice for you now, but for others in the future, I will post it. About 2 months before I actually filed, i got a large shopping bag and just started throwing all of the bills and receipts in there. No organization and I haven't needed them yet and hope that I won't, but they are there. Art

              Comment

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