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Trustee troubles, possibly bk will be dismissed

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    Trustee troubles, possibly bk will be dismissed

    Our trustee has been trying to get our case dismissed ever since we filed. I know it's his job, but he's acting like we personally bilked him out of millions. Anyways, we have some extenuating circumstances.

    1. We were just barely over the limit to file chapter 7
    2. I missed 8 weeks of work last year, most unpaid, due to medical issues
    3. I have stage 3 liver disease and don't know how much more work I'll need to miss
    4. I also have mental health issues that cause me to miss work sometimes

    1. If he succeeds in getting the case dismissed, what happens? Do we get back the $5,250 we've paid in? Or do you think he's paid on our vehicle - the only secured debt included?
    2. We also have back tax debt of about $20,000 - I guess we can try to set up a payment plan?
    3. The lawyer said that we only have the tax debt and the vehicle that are "must pay back" and that totals less then $35,000. Our plan calls for $1050/month for 5 years and he's trying to get even more!!

    I cannot afford to pay any more and I won't. He's getting $63,000 when only $35k is debt that must be repaid. It makes no sense. We had $20,000 in out of pocket medical expenses last year and I expect the same this year. I can't let my health go downhill for the next 5 years.

    If you have any advice, please let me know!

    Oh, one more thing, my husband may be losing his job soon, but will be more like a forced out so quit kind of thing. He is looking for another job, but may not have one before he has to leave. Does it matter if he quits vs. gets fired?

    Vball What are the reasons listed on the motion to dismiss? Your must-pay amount is less than $600/month but he wants more. Did you submit proof of expenses with receipts showing what you paid? In my district, you can put down $1700/month in medical expenses (20k/yr). But the trustee will want one or two months' worth of medical receipts showing you actually spend $1700 on medical. Furthermore, the expenses should not be cosmetic or one-time deals (eg. no such thing as monthly broken arms or monthly root canals).


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