top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Tough Trustee

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

    Tough Trustee

    I certainly wasn't expecting a picnic when I filed for my Ch. 13, but I wasn't expecting to have to be put thru hxxx either! My confirmation hearing is coming up on Nov. 4th & it seems that documents that I have submitted are being questioned by the Trustee. One of the problems the Trustee is having issue with is that back in May of this year (4 months prior to my filing), I made a large furniture purchase around $5700.00. Well right after that, I was taken off my company's commission plan due to my cancer which affected my income by about $1500 less per month which led to my 13 & also not being able to pay fully for the furniture. My attorney has saaid that we just need to provide an affadavit giving this explanation. The Trustee's also questioning charitable contributions, mainly my church tithe which has averaged approx. $250.00 per month. I supplied them with a copy of my church's quarterly statement which verifies this. But I'm not sure if he will accept that or if he has to contact the church directly for proof that I didn't forge this doc or something. I would sure hate to have my church find out about my 13!! Does any of this seem normal? I just haven't been reading on this forum where folks have been having to jump thru hoops like this and it concerns me.

    Ken

    #2
    Ken, last statement first. Be true to God and pay your tithe. Understand this government has gone far side of God.

    Next, Cancer??? I am a cancer survivor as well. This is surely explainable. Offer to the Trustee that you would give the furniture back if it were an issue. I do not see a large problem to any "rational" person. I hope this is the case for you. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment


      #3
      Originally posted by AngelinaCatHub View Post
      Ken, last statement first. Be true to God and pay your tithe. Understand this government has gone far side of God.

      Next, Cancer??? I am a cancer survivor as well. This is surely explainable. Offer to the Trustee that you would give the furniture back if it were an issue. I do not see a large problem to any "rational" person. I hope this is the case for you. 'Hub
      Thanks, Hub. I also forgot to mention that what really irritates me regarding the Trustee as well about the furniture part is that because it was purchased within the last year, my attorney says the creditor must by law get 100% of the money owed them anyway..it'll only take 5 years instead of the originally planned 3 year contract. (So they'll be getting what's owed them). And they're not even objecting to my plan, it's the Trustee!
      And as far as my tithing goes, I can only pray that the Trustee is not an agnostic or worse. But I do believe that if the Trustee will not accept the Church's quarterly statement and contacts them directly, I will vacate my plan rather than face that embarrassment. Sounds stupid, but it's the way I feel.

      Ken
      Last edited by hearr; 10-26-2009, 04:37 PM.

      Comment


        #4
        Originally posted by hearr View Post
        Thanks, Hub. I also forgot to mention that what really irritates me regarding the Trustee as well about the furniture part is that because it was purchased within the last year, my attorney says the creditor must by law get 100% of the money owed them anyway..it'll only take 5 years instead of the planned 3 years. (So they'll be getting what's owed them). And they're not even objecting to my plan, it's the Trustee!
        And as far as my tithing goes, I can only pray that the Trustee is not an agnostic or worse. But I do believe that if the Trustee will not accept the Church's quarterly statement and contacts them directly, I will vacate my plan rather than face that embarrassment. Sounds stupid, but it's the way I feel.

        Ken
        Well I do understand. But there (in this day and time) is really no shame in bk. After all, it was done every seven years in the Bible. I shall bet with you that if you know the names of your congregation and searched PACER, you would be very surprised. You will get by. I feel it. I'll drop a "special" message for you. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          Ken, please allow the Trustee to do their due diligence. Your tithing could be validated via prior year tax returns, but if you don't itemize, they have no way to know that you do this. Please know that there are many dishonest people who use the

          Also, buying expensive furnishings just 120 days before filing will always trigger inquiry. Since the Bankruptcy Code considers you "insolvent" 90 days before filing, another 30 days seems to indicate that you may have done what they call "eve of Bankruptcy" purchases. You have a perfectly fine explanation, but the Trustee must do his/her job no matter how insensitive it may seem.

          I also forgot to mention that what really irritates me regarding the Trustee as well about the furniture part is that because it was purchased within the last year, my attorney says the creditor must by law get 100% of the money owed them anyway..it'll only take 5 years instead of the originally planned 3 year contract
          This is because the furniture company is a secured creditor! They are treated no differently, technically, than the creditor for your home or car. The furniture is the collateral. If you want to keep the furniture, you have to pay 100%.


          I hope you make it through your bout with cancer.
          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