Worried about trustee and haven't met her yet.

[jnjw]

I guess I'm just looking for some moral support here...lol.

We just filed last month, and shortly thereafter, received a mailing that had our trustee's name on it. I started digging around Pacer just really quickly and what I saw kind of worried me a bit (can't remember what it was now). So when we met with our atty again near the end of last month, I asked him if he knew this particular trustee. His words, "Yeah, she's a pain in the butt." Mmmmkay. He said that since our plan is 4.52% payback and it's insisted that it be 5% (is this a law or something?) that she will probably object right off the bat. But that it was okay because with our payments that we make before income withholding kicks in, we'll have our 5%. Not sure I totally understand, but I trust our atty.

So I started digging more into Pacer last night since I had a little free time and what I saw really, really concerns me. Out of the 10 cases that I looked through, she objected to ALL of the plans for one reason or another and it was repeated objections, not just once!, except 1 case and it was ultimately dismissed anyway. I mean all of her cases have dragged on for a year or longer before confirmation!! It's insane and now I am extremely worried.

We're not hiding anything. Our case is a little screwed up, but we're not hiding anything and once we get to the point where we're asked questions, I don't intend to hide anything either, although our case is screwed up because of we sold a house to cousin in '06 who still hasn't transferred it OUT of my name! After finding out that most our huge tax refund will probably be taken because we can only exempt $900 of it because of this stupid house and property that we don't even technically own, that REALLY makes me angry. Sorry, got off topic, but that money is usually what we use to buy our propane for the year, our pellets needed for heat, and pay our property taxes!


So I guess I just need some moral support. I mean if we don't hide anything and tell the truth, how bad can she really be, right? Has anyone else had a nasty trustee? If so, how did you get through it without going insane?

[lrprn]

First of all, realize that everyone that files Ch 13 is worried about confirmation. It's part of filing Ch 13. Take a look at my signature - we had three objections (one from our mortgage company - a nuisance ultimately thrown out by our bk judge) and two from our trustee. We ended up being a test case in our district for two gray areas of the current bk law. We were finally confirmed after 15 months.

You have to accept that the court will move along at its own glacial pace. You've filed. Now it's up to your lawyer and the trustee to negotiate what's going to be acceptable in your case to get your case confirmed.

Check your own case on PACER once a week to see what's being filed. Get in touch with your lawyer if you see something filed that you don't understand. Also post here - we may be able to help you sort out whatever may happen as well.

Ch 13 requires a different mindset than Ch 7. Often our cases are not cut and dried. There's much less black and white and a lot more gray in Ch 13. You have to dig deep to find the patience to let things run their course. Worrying about what's might happen will not change a thing that's going to happen. Switch your energy into making a solid family budget with a sound bookkeeping system (Microsoft Money and Quicken are both excellent software programs for this) so you know exactly where your money is going. That's the best use of your time right now.

Eventually all will end well. It just might not happen for awhile. You have no control over this process at all. As soon as you realize that, you'll rest easier. All you have to do is keep making your payments on time while the lawyers wrangle. Hang in there - hope this helped!

[rrockinggramma]

And as my attorney told me, chapter 13 is all about compromise. The trustee probably will object to your plan as she is just trying to squeeze what she can out for the creditor and to be sure that you aren't hiding anything. When you see that objection show up on pacer, don't panic. Your attorney obviously expects it and he obviously has dealt with her in the past and will be ready for it. The trustee objected to mine too. He wanted my tax refunds and my attorney had put it in the plan that they were mine to keep. It all worked out.

[jnjw]

Thanks, it does help. I guess I was just expecting this to be overly rather quickly, not drag out for a year or more. 15 months?? Wow! That must have been frustrating.

I'm a worry wart by nature, but you're right, that energy would be better spent coming up with a budget of some sort, and I'm going to stop looking at other people's cases on Pacer and just check on my own....lol.

[Flamingo]

Your attorney has worked with this Trustee before. When you are there at the table with all of them, you will see they are probably on a first name basis. Your attorney represents you and has your best interests at heart and remember the Trustee is just doing her job and while you think she is mean and nasty, she is probably a good Trustee with all "t's" crossed and "i's" dotted. Her job is to see that the creditors are given all that is possible and that you will be comfortable enough to make it through your Plan. Your attorney is fully aware of your house situation and will handle it with the Trustee. Some things may need to be resolved as to that and, as you say, may screw things up and cause delays. Don't be afraid to ask questions.