top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Conditional objection?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Conditional objection?

    I just received a letter from the trustee stating that she is conditionally objecting to the schedule C of my bankruptcy. Should I be concern? I have nothing out of the ordinary. I got couple tv's, furniture ect.

    #2
    Yes, it is a concern because that means the Trustee is attacking one or more of your exemptions. The condition is probably based on an appraisal of the property in question (or a "valuation" of the property in question). It could also be a Trustee that hasn't not done their homework and they are trying to "preserve" their right to object to a claim of exemption. However, the Trustee only has 30 days from the 341 Meeting to object to an exemption.

    Have you had your 341 Meeting yet?

    I see you're in a Chapter 13, so this could be a "liquidation" test issue. In other words, the Trustee may believe you have more equity and not enough exemption to cover it. If this is the case, then you will have a "minimum" amount that you need to pay to unsecured creditors over the life of the plan. This is known as the Chapter 7 liquidation test. And, again, it just may be something your particular Trustee does while they review the exemptions and assets.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      OP,

      This is your Trustee's standard fair - she does things her own way. Ignore it.

      Des.

      Comment


        #4
        Aha! A strange trustee! Thanks Des.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Originally posted by justbroke View Post
          Aha! A strange trustee! Thanks Des.
          You don't know the half of it with this Trustee.

          Des.

          Comment


            #6
            Originally posted by despritfreya View Post
            You don't know the half of it with this Trustee.
            Well, i now know a small piece. Trust me, it is enough!
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X