I'm in a BIG battle with the Trustee. All you gurus please look.

[bamabigjohn]

Chapter 13 filed under old laws. "Indiana"

We recently finally received the transcript of our 341 meeting after 4 months of requests. I requested it because the Trustee "specifically states that ANY extra money I pay in will be put toward lowering the agreed upon plan balance and allow me to pay off the plan early." This was his statement recorded and on paper. Now I am fighting him to hold him to it. I have a new lawyer involved as mine totally sucked. Has anyone else ever run into this and stood up for it? I know a lot of you will say the Trustee can do and say as they please, but the fact is they cannot. In an on record legal proceeding they are liable for what they say just like anyone else and it does constitute fraud if they do not hold to it. I asked my attorney the same question over and over, "can I pay in extra money and pay off early?" Every time the answer was yes, and he too is on tape saying so. That is why we chose 13. We have also involved them and the bar association in our fight. I know I can lose this battle, but If I'm going down, I'm fighting all the way. My voice may mean nothing but I'm tired of watching people make up the rules as they go along. I'll keep ya posted as to when the lawsuit gets filed and how it progresses.

[StaciMM]

I'm honestly not sure the trustee can make such a declaration. Kind of like if a police officer tells you they don't care if you rob the store, doesn't mean its legal to do so. The BK code requires 100% payoff if trying to pay out before 36 months. Using 'he said I can' wouldn't stand up as a valid defense.

[SinkingFast]

Standing Trustees are just private individuals, versed in BK law to represent the interests of the Court, the Creditors, and the BK Estate. the Trustee in that Courtroom that day in your case was a Standing Trustee selected from a panel. While they do have a certain level of "power" given them, they are not the end all be all authority in any BK Case.

A Standing Trustee is the Courtroom representative of the US Trustee who ultimately presides over your case. The US Trustee can over rule a Standing Trustee at any time.

The Standing Trustee in your case can be reprimanded for making a statement in error in your case, but the US Trustee can still enforce the BK Law as written.

[aa06a47]

Why pay it off early? Guess I figure if you have some extra money, sock it away in a savings account. Don't get upset over the things you cannot change. I wouldn't spend anymore money on an attorney, who in the end, will cost you way more than you will save. I really don't understand how you would save anything by the way, if your going to pay the same amount, just in a shorter period of time, I would say keep your extra for a rainey day.