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Chapter 7 341 Meeting Trustee was abusive

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    Chapter 7 341 Meeting Trustee was abusive

    I want to know what rights i have if any when a trustee is abusive from the time the meeting started I was 1 minute late, and he stated this started at 9:00am when I went to explain I went to the wrong building he cut me off and said sit down. My cell phone was turned on by the security man so I went to turn it off he bit my head off for that. When me and my husband were called up we realized (we do not have an attorney) that we needed our Social Security cards which we did not have and told him that he said just take out your licenses. Iset my purse on his desk to get my license He then humilated me by stating this was his desk so I'm now on the floor trying to get my license. he swears us in and then asks us why we send our rent check to San francisco. That is because we were told by our landlord to do that. He then states you know they do not live in San francisco and yes we are aware of that but what does that have to do with anything. he asks my husband what does he do for work He states a muscian Trustee then states well what does that mean and makes a smart ass comment that I bet you collect cash you are not depositing. He then asks my occupation we are both self employed at any rate I tell him real Estate Agent he says how many homes have you sold None I tell him because I do property management and leasing. He then asks how I get paid which is all commision based and of course my broker keeps there cut as well. He states we have to come back on March 8th with our social security cards, November-February Bank statements, agent billing and paycheck stubs. Also my husband has to provide a calendar proving he has not had any live shows...I feel like he is treating us with No respect. This is a extremely tough time for us my husband will undergo another heart surgery in the next 12 months and we have no savings to pay for his uninsured medical expenses and also he can't work for probably 3 months following. We tryed in August CSA but we still were spending more then what is coming in...We have been living way beyond our means for some time...Can a trustee treat you like this? Do we have rights? We have committed no crime but i feel he is treating us like we have. Any advice I'm so dreading our contined 341 creditor meeting on March 8th. I can't sleep or eat the stress is overwhelming and also our creditors none of them showed up we have no assets. Our cars are both leased vechicles which we have been paying and are re-affirming as for our work we have to have cars....Scared 143

    #2
    Goodness! I can't imagine!

    I have no legal or professional advice...

    As a person I encourage you to press on and put this all behind you. Hopefully someone here or else where can bring light into your situation. Until then, take care...you're on the way...

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      #3
      Did you file on your own or did you hire an attorney. The attorney should have given you a list of what to bring to the 341 meeting, the most important thing is to first prove your identity, a SS card and DL are a must.
      As to the comments the trustee made, well our 341 meeting was humiliating as well, but not to that extent. The trustee questioned how we got financed for our second home without selling the first one, he was definitively fishing. I told him it was because of my GREAT CREDIT at the time... He laughed and said "well, there's hope for all of us", we felt horrible in front of all the people in the room. I'm still waiting to hear from him to provide documents such as tax returns, for which he didn't ask during the meeting at all. We just had our meeting Feb 15th.
      I agree with QuiX, you must just stick to your guns, sounds like you are in a hardship and need to get on with your BK. That's definitively what we're doing, what else can we do?
      Edyta...
      Discharged April 2005

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        #4
        Giving moral support

        Hi, I myself am in the process of finding out the procedure that filing for bankruptcy entails. I know nothing about the particularities but I do know somthing of how the system works when you are down and out. I have seen the abuse that other people have been subjected to and it can get ugly. At any rate, I wish you the best and hold your head up, use a little reverse psychology...make them think that all of their humiliating tactics are simply a waste of their time. Of course , this could well be executed with out being disrespectful. Just show them that you are made of the better stuff. Sorry that I have no technical advice but hopefully knowing that others care may help you better get through this phase of what is probably a nightmare of which, I too will soon get a taste of. God Bless you and be strong! ;)
        Last edited by Dadaist; 02-24-2005, 05:23 PM.

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          #5
          horrible 341 meeting reply

          Thank you so much everyone that has responed has been so kind. I did decide to file a formal complaint against the trustee assigned to our case. I was told were and who to address my complaint too. I realize they have a job to do but to treat people that are going through such a stressful difficult time with sarcasim, disrespect, condescending and downright rude behavior I just do not see that as there job or duty. We would not file BK unless we had to...My husband is basically living with the fact that every 6 months he visits his cardialogist and in the very near future he will have to have his aortic valve replaced for the 2nd time. His first surgery was back in 1998. That alone worries us and then to have this Trustee treat us like we are common criminals is so offensive. I really feel because we could not pay an attorney we are being penalized for having a paralegal do the paperwork. I'm trying to let go and let god every day and hope that March 8th 341 continued meeting will go better. Thanks for all the support

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            #6
            I am so sorry for the way you were treated. How crude. "This is my desk" and then you have to set your purse on the floor as you look for something. There is no excuse for kicking somebody when they're down like that. When I had my 341 there was a woman who was extremely late but all the trustee did was tell her lawyer "She has to sit through the video that the others sat through before she leaves."
            There is no excuse for that kind of treatment. Sounds like he's got something against musicians and/or real estate agents!

            Comment

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