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Two questions: Trustee and creditor pusuing court case

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    #1

    Two questions: Trustee and creditor pusuing court case

    Hi, all.

    I checked our case on PACER. Nothing has been filed there by trustee since the original forms. No motions...nothing.

    So, my question now being...can the Trustee have changed our plan as it indicates on his report...our information (no house payment now) and such witout having filed this action with the court? Also, do they not have to file their 6-mos reports with the court?

    Also, I checked my credit report to see if it shows anything... not only does it jive with the trustee's report (who's been paid off), but it also shows a creditor (with two separate cases) followed through on obtaining judgement AFTER being notified of our BK case. Not only the original notification...but an addiitonal filing. Do I file a motion of contempt or do I just notify trusttee and they handle it?

    Please don't tell us to go to attorneys...they are useless as teets on boar hogs.
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    #2
    i would suggest asking the trustee whatever question it is that you are asking. if he changed something then he would know. i dont know what you are asking anyways.

    a creditor can not pursue a civil action against you after you filed in court. if you filed on day X and they won a settlement on day X+1 then you can have the judgement removed. you have to file something with the court they sued you at i believe. give them a call directly and ask what forms to file.

    this stuff happens all the time and when you try to fight it the judge is sympathetic to a point with the creditor. the chances of them knowing about it are slim if they continued. you never know though. unless it was such agreessive action over and over there is not much the judge would do imo.

    "Not only the original notification...but an addiitonal filing." i have no idea what you mean by this.
    Im not an attorney or a trustee. You cant trust me either though!

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      #3
      sorry to confuse you, bkfiler, all this is added onto the two previous threads I had started....

      about the creditor who continued on with the judgements (two separate accounts); we had notified them at the initial filing and had since had to notify them again because they had continued to pursue collection. Have records of that. The judgement was reported two months after the bankruptcy filing.

      The problem with the trustee report: went from 21.86% of debt to 100% of debt; payment of 700 a month to 2042.00 a month...no change in income...no motions filed to amend payment plan.

      Thanks.

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