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    #1

    Question about Pacer comments

    I have these Pacer comments. I filed a CH7 no asset.

    Notice of Assets
    Notice to employ?
    Proposed Order (access denyed)
    Objection to Debtors Claim of Exemptions (values too low, went over amount allowed by FL statues)

    I did a search on my atty and looked at others who filed ch7 around the same date as me, with the same trustee. Nearly everyone else has the same objections and are listed as ASSETS. There were several cases where the Trustee objected to values of cars, bank accounts,etc.

    So, either my atty sucks or my trustee is putting the hammer down!! My atty is a former atty for the trustee (don't know which trustee) and has done hundreds of cases in the last 16 years. He did mess up my petition (listed some of my household/personal exemption items twice).

    What could the proposed order be?

    I am so sweating this...just don't change me to a 13, dismiss me or make me pay like $5K to buy back my stuff (if they send an appraiser out)
    Tags: None
    #2
    well keep us informed and contact your attorney to get the best info.

    - but the notice of assets is problably for taxes. not sure sure of course.

    - notice to employ? must be a new tag for the new laws? never saw it before. maybe he wants to give you a job? lol im guessing its to hire his attroney. but thats a guess. he has a team of people to screw debtors. thats his job.

    - proposed order? maybe thats for an motion being created by the US Trustee already.

    did you see if all this stuff is happening to other attorneys as well with the same trustee?

    keep us updated
    Im not an attorney or a trustee. You cant trust me either though!

    [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
    [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
    [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
    [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

    Comment

      #3
      Well, I tried to do a search on my trustee and look for dates around mine with similar circumstances (ch7 no asset) and ended up with a huge list of cases and a $78 Pacer bill. I didn't even click on a single case!! I did a simple search on his last name and used the "trustee" query.

      How do I go about checking other cases by the same trustee without re-bankrupting myself?

      Also-we did get a letter from the trustee in Dec saying to send a copy of our tax forms after we filed. Didn't mention refund. We have not filed yet because I don't know what's going to happen with our refund--if we are "asset" due to being over in exemptions or because he thinks we low-balled the values of our household goods and therefore have money for him, will he take our WHOLE refund? Our atty (when we filed) said something about the trustee taking 10/12th of our refund (or something like that) since we filed in Oct. Do we file, mail copies of our filings, and just hold on to the money until the trustee says to send it to him or do we spend a little bit on "needed" things like new tires, etc and send him the rest when he asks? I don't want to tick him off too bad, I think I won't spend a dime until he says. LOL Can he take our whole refund? Part of it is due to child tax credits but not EIC.

      Thank you so much for your help, really--I really appreciate it!!!!

      Comment

        #4
        see the replies in the quote below

        Originally posted by FlaMama
        Well, I tried to do a search on my trustee and look for dates around mine with similar circumstances (ch7 no asset) and ended up with a huge list of cases and a $78 Pacer bill. I didn't even click on a single case!! I did a simple search on his last name and used the "trustee" query.

        How do I go about checking other cases by the same trustee without re-bankrupting myself?

        you can go to the courthouse and maybe they will let you search free.

        Also-we did get a letter from the trustee in Dec saying to send a copy of our tax forms after we filed. Didn't mention refund. We have not filed yet because I don't know what's going to happen with our refund--if we are "asset" due to being over in exemptions or because he thinks we low-balled the values of our household goods and therefore have money for him, will he take our WHOLE refund?

        could be both. it all depends on what yo unegotiate with him for. i dont know what you have. think of it as how he would - how would you get money from you if you couldnt exempt it? would you want to take a car that is only $500 above the exemption? etc.
        Our atty (when we filed) said something about the trustee taking 10/12th of our refund (or something like that) since we filed in Oct. Do we file, mail copies of our filings, and just hold on to the money until the trustee says to send it to him or do we spend a little bit on "needed" things like new tires, etc and send him the rest when he asks? I don't want to tick him off too bad, I think I won't spend a dime until he says. LOL Can he take our whole refund? Part of it is due to child tax credits but not EIC.

        if the trustee is interested in your tax refund then you cant spend it. send your attorney the filing and let him handle it. keep the check until told what to do. also, yes it seems that you get to keep certain tax credits. im hoping the attorney or trustee knows what to do with this and thats why they want the forms.

        Thank you so much for your help, really--I really appreciate it!!!!
        Im not an attorney or a trustee. You cant trust me either though!

        [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
        [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
        [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
        [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

        Comment

          #5
          Which FL court is your trustee in?

          Mine was Tampa middle district...he also was the attorney. I received the same notices and my case changed from "no asset" to "asset" and I believe it was due to my 2005 tax refund that they are seizing...(my lawyer thinks they think my 2000 SUV is going to be too much trouble; crossing my fingers till 2/27 on the creditor objection to liens).
          Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
          Who it was we were below, where we've been and where we go

          Comment

            #6
            AMI-
            You got the same notices I got? What does your atty say about it? Mine said it just means the trustee made himself the atty over our case, that he thinks there are assets (could be our upcoming tax refund, but is def the exemption and values on our belongings.) Did you have your discharge date pushed way back? We should have discharged NEXT WEEK but now it's April!!! UGG!!

            I do find some comfort in knowing that I am not the only one being picked apart. Worse case is that he sends an appraiser to my house, who overvalues all my crap and makes me buy it back. Will be still worth it because we are discharging like $35K in debt.

            Comment

              #7
              Originally posted by FlaMama
              AMI-
              You got the same notices I got? What does your atty say about it? Mine said it just means the trustee made himself the atty over our case, that he thinks there are assets (could be our upcoming tax refund, but is def the exemption and values on our belongings.) Did you have your discharge date pushed way back? We should have discharged NEXT WEEK but now it's April!!! UGG!!

              I do find some comfort in knowing that I am not the only one being picked apart. Worse case is that he sends an appraiser to my house, who overvalues all my crap and makes me buy it back. Will be still worth it because we are discharging like $35K in debt.
              I filed 10/6/05, had my 341 11/14, I do own my 2004 4Runner which I gave the trustee estimates of about $4,500 worth of repairs necessary to bring car up to par. I received the same notices and my case went from "no asset" to "asset" which I thought was due to SUV but now I think is on my tax refund, which at the 341, he said, he wanted. I received my discharge on 1/17 but prior to that, received notice to creditors ...blah, blah, lien something...w/a last day on that of 2/27. This, of course, has extended my closing date even though I already have been discharged. My trustee is Douglass Menchise. I suppose maybe my extension also covers the time it takes to get W-4's if not also a little slack in re: to my vehicle...

              I'm going to take my tax info and get that taken care of this week to expidite my refund check so I can turn that over & see if that closes my situation.

              I have been waiting to see if an appraiser has been called in re to my suv but nothing so far...no one has come for anything, in fact.
              Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
              Who it was we were below, where we've been and where we go

              Comment

                #8
                Ok,
                The question of income tax refund -
                DO NOT SPEND IF THE TRUSTEE TOLD YOU TO SEND TO HIM..... he'll take his portion and return the rest too you!

                The question of employing an attorney - If there are assets involved (property or income taxes) - the Trustee hires a lawyer (often himself or his own firm) to handle the asset portion of the bankruptcy... This lawyer files all petitions to the Court etc.... (Sneaky way of the Trustee getting PAID TWICE - HUH!!!!!) JUST HIRES HIMSELF!!!
                (I personally feel this is a FLAW in the system.....and something that needs to be addressed by the Attorney General. A Trustee SHOULD NEVER BE ALLOWED TO HIRE HIMSELF!!!! If the court is already paying the Trustee for his services, then why is he hiring himself to do the same things - thus getting paid twice.

                Your case sounds like all that is involved is the collecting of your income taxes and then your case will be closed.... Was yours an "no asset" case except for the income taxes??

                Have you been discharged?

                The case of the SUV - yes it is still probably still an asset case the the issue of the SUV is not settled yet either.....
                Last edited by Minnymouth; 02-08-2006, 07:46 AM.
                Minny

                "It's amazing the paths that our feet sometimes follow in life".

                My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                Comment

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