Nightmare continues

[ffj2002]

It's been awhile since we have been here, but the bankruptcy is not over. Filed for Ch.7 in September, here it is January, trying to survive. Trying to transform to a Ch. 13, but they have asked us for a discovery hearing, 12 months of everything!! We are just about to dismiss the whole thing and file again later. We have offered a settlement just to try and get this over. This is just information only, you always hear about the success stories, we are still waiting on ours. I think our income and lack of any sickness or devastation red flagged. We make good money, were not behind on our bills, and had no catasrophe happen. We are just regular people with a new baby coming with old debt and no way out. I'll try to keep everyone up to date. C-Ya

[StaciMM]

I just went back and read your earlier posts. Did you ever get a chance to discuss your expenses, etc. with the trustee?

[coma]

We should form a support group. We filed around the same time and got the same thing as you, 2 months after filing, and about 2 weeks after a successful 341. Keep us posted with how your doing. 2 weeks until our hearing.

[edwards2]

I had the same question Staci. I dont understand why you jumped from a 7 to a possible 13 and now a settlement offer? You seem to have left out what happened in-between. Don't cave because the trustee wants more paperwork. We were required to do the same thing dating back 2 years. It is scary when you think they are looking for something but if you havent done anything wrong dont stress about it(like I did). Had I known what she was objecting to to begin with it could have saved me a few sleepless nights. Did you hire an attorney? Remember to be completely honest, give them what they want and let the chips fall where they may. We had a 2004 Exam with the trustee. I was braced for the firing squad but it was nothing like I feared...just like our 341. Just dont let anyone frighten you out of pursuing your case because some of them are masters at injecting the fear factor. However, if you have expenses or assets that you cannot justify maybe you should consider compromise. It is times like this that having an attorney really pays off.

[bkfiler]

give the paperwork and lets see wha the says. after that all he can do is say he recommends a chapt 13 only. then you can still offer a payment or go 13.

did you file pro-se or is your attorney recommending you do all this like this?

[ffj2002]

We had to be interviewed by a 13 trustee. They picked through all of our bills and put back 401k money, tax returns, a lot of little things, etc out of our checks and found disposable income, wow, imagine that. They also stated that we should sell our house and start over, I gave them a few choice words about that and we I gave them the reality check, (what kind of loan could I get now, renting is worse than owning, etc..) they left me alone. We handed in all of our stuff, still waiting to hear back. We thought about either dismissing and filing again, pursuing the 13, or getting some 401k loans and paying this whole nightmare off. My attorney is just as dumbfounded that this has occurred as us. He is really digging in and looking for a solution.

[bkfiler]

its a game. it really is with them. glad you have an attorney. keep scouting for answers and consult with a separate attorney that will fight for you. it can only lead to more answers and its free. regardless if you use him or not.

glad to hear you let him have it