In need of desperate advice

[zmaison]

Hello, I filed for chapter 7 on 10/12/2005 and already had a meeting with the trustee on 12/12/2005 which did not go well at all.

First he got very mad due to the fact that I sold $267 worth of shares(something I voluntarily disclosed to him when asked if I had sold any property) on 10/20/2005 I had no idea this was illegal and the only reason I did it was because my attorney told me to get rid of them, but forgot to mention that it was illegal to do it after filing!!!! I am soo mad at my attorney for this.

Secondly my attorney did not include the shares in the schedule, and I realize that at the time I signed the papers I should have examined them closer.so it was an oversight on both our parts. He did state to the trustee during the meeting that it was his fault and it must have been an oversight in his part, the trustee got infuriated and started calling me a liar and a fraud soo humiliating.

Third, I did tell him I was practically living off my credit cards, meaning that I was able to make the high payments but then had to use them to pay utilities etc... because I had no money left from my part time income. So therefore I used one or two of them to pay for household utilities just before filing, another thing that did not settle with him well.

Fourth here's what drove him ballistic!!! I had listed a car,that I wished to reaffirm in order to keep(with no equity by the way) which my husband was a co signer to the debt, well since I was having trouble making the payments on time my husband decided to take over the payments and without my knowledge traded the car in and bought a car for himself which is under his name only, no money was gained from this transaction on the contrary money was lost. I almost killed my husband when I found out! I still don't know how he was able to do this without my consent especially since the title was under my name and I never signed it over to him or anybody. The trustee went crazy calling me all kinds of names Liar, Fraud, and accusing me of perjuy.Again all this was disclosed to him by me I hid nothing from him. The trustee is now requesting 1 year worth of credit card statements,bank statements,cancelled checks, last 2 yrs income tax, and proof of what happened to the car. My husband and the dealer will give me statements that I was not involved in the transaction,and my lawyer will make an amendement to include the shares, but I am so scared and cannot eat,sleep,I am being consumed by all this on a daily basis. Also I want to mention that one of my creditors showed up to the meeting my credit union wich I have a credit card debt with, he told the trustee that I had recently spoke to him stating I wanted to reaffirm their debt. I called them prior to filing trying to obtain a debt consolidation loan so that I could avoid bankruptcy, needless to say I was denied because of too little income and too much debt. How could I have reaffirmed when I had not even filed???

I don't know how to proceed with this, I am completely dishearted and very scared any advice will be grately appreciated? Thanks in advance.

[Genenco]

Hmmm..Well, kick Husband, dealer and lawyer in nuts first....Second and third. fourth, fifth...Then, after you do this, you MAY feel a tad better...

Wow...What a SOB you got there, but I'm sure you wouldn't have said "I do" of you'd had second thoughts.

That trustee seems to be quite rude, but then again, there's no rule they have to be angels.

OK, get the statement from HUsband/Dealer and then check local laws..I think the cops may be curious about this...I know, you love the guy, but this is NOT what a loving partner would do!

Get the CC statements..If you register online and have a printer, you can get them printed out. I'd also sit down with the lawyer and show all this and DEMAND a reduction of fees you have paid..He's obviously caused you MAOR problems..If he fails or refuses..Say "Gee, guess the Bar assosciation is going to be wondering about you!"

Cancelled checks is also fairly easy. Again, register online with bank, show show statement along with checks and numbers..Again, print them out...

Regarding the CC with the CU..Unless you signed anything, they also were lying..Where the heck do you live? In the middle of Congress Ave?...

Now, finally..Relax..The trustee is just doing their job and is VERY interested in possibly lining their pockets..You read some of the others BK occurances and you'll see this is sort of common.

Get the copies...Take a bit of time to chill..Discuss this situation with husband about why or how he did it (Again, the cops don't like fraud anymore then the trustee does) and try and stay calm.

Keep coming back, you've started on a long road, we're here for you...

(((((((((((((((((((((((((((HUGS))))))))))))))))))) )))))))))))))

[StaciMM]

What reasons led to your filing BK, and to it being separate from your husband? It sounds like there is a lack of communication happening, between you & the husband as well as you & the attorney. Talk to both-go over your petition with a fine toothed comb-and get everything out in the open.

The questions that come to me (and perhaps led to your issues w/ the trustee) is if you are only working part time, yet are married, why are you paying the utiltities on your credit card? Are you living separately from your spouse? I assume he is in a better position financially if he was able to get financing in his own name.

Also-what state are you? That can be significant.

[zmaison]

Stacy, and Geneco,
Thanks for taking the time read my looong post and replying. To answer some of your questions I was separated from my husband for all of 2003/2004 and just recently since September/2005 have been trying to work things out, forour daughters sake. I have a 5 yr old. Needless to say things are not working out since all this has happend and he has created such a problem for me with my BK. He syas the dealer told him the transaction was legal since he was co-signer on the car debt and my bankrupcy was affecting his credit. He also thinks he was doing me a favor in eliminating this debt " pleade don't do me any favors"
I have asked my lawyer to make an ammendement to include the $267 stock, and he says that is going to cost me a couple of hundred more, the nerve!!!! he also has to request some of my credit card statements since the credit card companies I requested them won't give them to me and I tried to do it online and they show as my account is closed, I cannot do it.
I'm just so scared! and have fallen into a deep deppression thats affecting me in everything, I snap at my daughter and I have even had suicidal thoughts. I wish I could just withdraw my request and make my husband pay for my debt. Can this be done? Can I withdraw my BK case and just reaffirm with everyone and just pay littltle by little?
My income is not that great I work 30HRS a week part-time.
I live in NYC wich is very expensive, I feel I have no way out of this situation.

[robivi3]

You will get through this. Yes this does drive you crazy. I actually thought about loading my .22 and paying the Trustee Attorney a visit. I came damn close and he came damn close to his demise. Alot of assassinations and hits have been done witha Ruger 10/22. That is what happens when we get into trouble. Fortunately there is something in our brain that stops us from doing harm to ourselves and others. What you are going through is normal, the depression is normal. You have a young one to think of, do not pain your child with this.

Honestly, sleep and food are what you need, the loss of sleep will cloud your judgement. Yes, focus the anger on the Trustee, but respect him also. Here is the bottom line, you have to live and you have to eat. He is trying to scare you, he wants money. If he scares you, you will buckle and cough up money somehow. Stick to what you have told him. You need to get out, let go and relax a little. I know it is hard, I went through a bad BK.

The BK has an end, it will be over and you will likely get a discharge and case closed. This is not permanent, please realize that. He cannot take what you cannot give, your employment is not steady. furnish him the papers as you can and that is all you can do. As for the attorney, he goes to Court weekly, other than a filing fee you should pay nothing, and yes, complain and go to his office if he does not answer. He gave you the dumbest advice imaginable, ATTEMPT TO DEFRAUD THE TRUSTEE. The idiot should be flogged and you should do it. HE WAS WRONG MORALLY AND FACTUALLY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!

I would give him Hell. That was the stupidest advice imagineable. The BK will end, the Trustee will not drag it out if he cannot get any funds from you. Remember that.

Please have a Merry Christmas, it is hard but you can try.

[FloridaGirl]

...and have fallen into a deep deppression thats affecting me in everything, I snap at my daughter and I have even had suicidal thoughts..

This situation will not last forever. Nothing is worth losing your life over. I can't imagine how hard this must be for you, but things will work themselves out. Gather the items the trustee has asked for. If your attorney has to work with your credit card companies to get back statements, then so be it. Keep on him and don't let him make you feel like you aren't entitled to his services any longer. You paid him to keep this nonsense from happening to you and now your situation is worse. The way he handled your case makes me think you would have been better off filing pro-se. Believe me, I know how badly attorneys can screw you because it happened to me also.

This trustee sounds like he was having a bad day and if you think positive, perhaps he will be in a good mood next time he reviews your case. In any event, this will all be over soon and you need to stay strong for your daughter. If you continue to have thoughts of suicide, please seek help. It isn't worth taking your life over, nothing is. I know you are worried, but things don't always turn out as bad as we anticipate. It will be okay! Keep us updated.

[zmaison]

Hello all, this is a follow up:
I was scheduled to appear on 1/30/2006 for the continuation meeting with all the documents the trustee asked for during the initial 341 meeting. Well today 1/27/2006 I get al call from my attorney telling me we do not have to go to the meeting anymore because the trustees secretary called and cancelled said to just wait for the letter and discharge papers. WTH!!! I was just dumbfounded I do not know what to believe anymore. I just cannot believe that this trustee is just letting my case go after he went off so bad during our initial meeting. My life has been hell since that day, I lost 25lbs in a month and even had to go on anti-depressants Has anyone ever heard of anything like this happening? I don't know if I believe my lawyer anymore since he has made such legal blunders in my case. Should I call on Monday morning the trustees office just to make sure or should I just let it go? Thanks in advance for any advice.

[FilingOnMyOwn]

It sounds like your trustee is, well, a real dick. But it sounds like he realized there was nothing for him and let it go. Reminds me of when a cop pulls you over, just to yell at you and try to indimate and power trip you, basically just taking out all his personal problems on you then letting you go. Alot of people who work in government have this god like complex, they are better than you, and you are the lowly peasant that wastes their time and deserve punishment. It also sounds like your lawyer left something to be desired, and shouldn't have even had the balls to ask you for extra money to do something that you already paid him to do in the first place. But whatever, it sounds like you are almost done! If you want the peace of mind, you could call the trustee's office and confirm the appt is cancelled. But I don't think its really necessary. You're almost done, you are close to the finish line.

[bkfiler]

yes, anything can happen. anything is possible. and we never know why either. there are too many variables. maybe the attorney explained your situation to the trustee and the trustee changd his mind. maybe he called in a favor for you because he did poor work for you in the first place.

this is a good example of what we allways say here. attorneys and trustees cant be trusted. we only would likek to think they can be.

sounds like it turned around for you. good work! focus on your health and wait for your discharge.

[FoolAndHisMoney]

I actually was thinking about your case. I always thought what you did was too small to even matter. It's expensive to fight you in court for pennies. He may have just wanted to scare you to see if you were hiding or selling anything else. As it stands you weren't. Good for you and hope it's over real soon.

Just in case though please stay on top of it before you join the discharge club. After reading Minny's story it certainly pays to double check everything your lawyer says. Call your lawyer, get the trustee's secretary's name and call her yourself to confirm. Good luck

[JimH]

The trustee knows he can't get blood out of a turnip. If it's obvious you have a no asset case, it's senseless for him to tie up his own time. Others have had the reverse effect though.