Hi Everyone, I would like to thank everyone here for being members of this wonderful, caring, supportive group of like minded people in the same boat. I have learned sooooooo much about bankruptcy these last 5 months; I wished I had known about this group sooner.
Thank you, Thank you, and Thank you
Bkbiker
My personal case, I feel like I have been abused and mistreated by my attorney, the trustee, and the very system that I looked to for protection. Following is a letter I am thinking of sending, I would greatly appreciate any feed back, editing, or in-sights one may have on this subject.
Sincerely,
May 15, 2006
Comes now Debtor__________with his complaint and suggestions for chapter 13 trustees’, U.S. Trustees’, Members of Congress and Debtors’
Facts about my chapter 13 case and the inheritance received;
• I filed for chapter 13 on October 2001 and my plan was confirmed on February 2002.
• I am a law abiding U.S. citizen and will continue to abide by the laws of the United States.
• My Brother passed on December 2004 and left me a modest inheritance; I grieved his death and needed weekly therapy session to cope with my despair.
• Subsequently I contacted my trusted attorney Mr. Burn with over 15 year experience in bankruptcy; Mr. Burn told me that more than 180 days has passed since my petition for bankruptcy was submitted and therefore the inheritance was not part of the bankruptcy estate. Mr. Burn also wrote a letter to the Trustee stating this point. See the attached letter
• I have read my confirmed plan; inheritance is never mention.
• I have viewed My Trustees’ web-site; inheritance is never mention there either.
• I have viewed the U.S. Trustee web-site; inheritance is never mention there again.
• I have read the bankruptcy codes; inheritance is mention only once in section 541; where it says with-in 180 days from filing for bankruptcy any inheritance is part of the bankruptcy estate.
• I am now told by My Trustee that my inheritance is part of the estate and he has served me with a motion to dismiss my bankruptcy case. The previous letter I received from the trustee was matter of fact, un-sympathetic, stating that it would be “no trouble” at all for me to re-live the suicide death of my brother and provide him with additional information; This letter sent me into a tailspin of deep depression; a small gesture of compassion with a brief explanation of Section 1306 would have really helped in my understanding of the situations.
• As a chapter 13 debtor, I have needlessly endured extreme emotional distress dealing with this issue of my brothers’ inheritance, his suicide, and the threat of dismissal of my case. I have acted in good faith and will continue to act in good faith in resolving this issue of my brothers’ inheritance; a tragic event which I had no control over. With no guidance or instructions I did the very best I could with the knowledge I had at the time.
• I now pose the following questions ………………………………….
1. Why was I not instructed as what to do if I received an inheritance during my chapter 13 bankruptcy?
2. Why is this subject of inheritance in chapter 13 bankruptcy held in such an esoteric state? Only understood by a few.
3. Why is there not clearly written language in the bankruptcy code and in the chapter 13 plans dealing with inheritance?
4. Following are recommendations on how inheritances and death benefits might be properly handled and administrated in a compassionate manner for those affected by this event.
a. Ask Member of Congress to revise the language in the bankruptcy code so that it is clear, precise and transparent for chapter 13 debtors whom receive an inheritance.
b. Ask the Trustees’ to clearly write in the chapter 13 plans what to do in the event a debtor receives an unexpected inheritance and explain briefly why this is the case.
c. Ask the Trustees’ to exercise a small measure of compassion when dealing with a debtor whom has experience the death of a loved one.
Very Truly Yours,
Debtor ________________
c.c. Chapter 13 trustee
U.S. Trustee Office
The Honorable Ms. Wendelin I. Lipp
The Honorable Senator Mr. Paul S. Sarbanes
Thank you, Thank you, and Thank you
Bkbiker
My personal case, I feel like I have been abused and mistreated by my attorney, the trustee, and the very system that I looked to for protection. Following is a letter I am thinking of sending, I would greatly appreciate any feed back, editing, or in-sights one may have on this subject.
Sincerely,
May 15, 2006
Comes now Debtor__________with his complaint and suggestions for chapter 13 trustees’, U.S. Trustees’, Members of Congress and Debtors’
Facts about my chapter 13 case and the inheritance received;
• I filed for chapter 13 on October 2001 and my plan was confirmed on February 2002.
• I am a law abiding U.S. citizen and will continue to abide by the laws of the United States.
• My Brother passed on December 2004 and left me a modest inheritance; I grieved his death and needed weekly therapy session to cope with my despair.
• Subsequently I contacted my trusted attorney Mr. Burn with over 15 year experience in bankruptcy; Mr. Burn told me that more than 180 days has passed since my petition for bankruptcy was submitted and therefore the inheritance was not part of the bankruptcy estate. Mr. Burn also wrote a letter to the Trustee stating this point. See the attached letter
• I have read my confirmed plan; inheritance is never mention.
• I have viewed My Trustees’ web-site; inheritance is never mention there either.
• I have viewed the U.S. Trustee web-site; inheritance is never mention there again.
• I have read the bankruptcy codes; inheritance is mention only once in section 541; where it says with-in 180 days from filing for bankruptcy any inheritance is part of the bankruptcy estate.
• I am now told by My Trustee that my inheritance is part of the estate and he has served me with a motion to dismiss my bankruptcy case. The previous letter I received from the trustee was matter of fact, un-sympathetic, stating that it would be “no trouble” at all for me to re-live the suicide death of my brother and provide him with additional information; This letter sent me into a tailspin of deep depression; a small gesture of compassion with a brief explanation of Section 1306 would have really helped in my understanding of the situations.
• As a chapter 13 debtor, I have needlessly endured extreme emotional distress dealing with this issue of my brothers’ inheritance, his suicide, and the threat of dismissal of my case. I have acted in good faith and will continue to act in good faith in resolving this issue of my brothers’ inheritance; a tragic event which I had no control over. With no guidance or instructions I did the very best I could with the knowledge I had at the time.
• I now pose the following questions ………………………………….
1. Why was I not instructed as what to do if I received an inheritance during my chapter 13 bankruptcy?
2. Why is this subject of inheritance in chapter 13 bankruptcy held in such an esoteric state? Only understood by a few.
3. Why is there not clearly written language in the bankruptcy code and in the chapter 13 plans dealing with inheritance?
4. Following are recommendations on how inheritances and death benefits might be properly handled and administrated in a compassionate manner for those affected by this event.
a. Ask Member of Congress to revise the language in the bankruptcy code so that it is clear, precise and transparent for chapter 13 debtors whom receive an inheritance.
b. Ask the Trustees’ to clearly write in the chapter 13 plans what to do in the event a debtor receives an unexpected inheritance and explain briefly why this is the case.
c. Ask the Trustees’ to exercise a small measure of compassion when dealing with a debtor whom has experience the death of a loved one.
Very Truly Yours,
Debtor ________________
c.c. Chapter 13 trustee
U.S. Trustee Office
The Honorable Ms. Wendelin I. Lipp
The Honorable Senator Mr. Paul S. Sarbanes
Comment