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    being reviewed -need help

    Hi,
    My husband & I filed Chapter 7 at the end of last year with the help of our attorney. The phone interview and 341 meeting seemed to go well with no Creditors showing up (but neither did our attorney--Oh, he decided to close his practice and forgot to notify us) until I received a letter from our Trustee stating that she was objecting to our claim of exemptions.

    One area states that our exemptions are too low and the next line states out scheduled exemptions exceed the value to which we are entitled. Then today, my "missing attorney" comes to my work with a letter from the US Dept of Justice-Trustee dated 4/18 stating that our case is being reviewed relative to 11 U.S.C. 707a & b and/or 727 and wanting us to respond within 15 days to his 11 items list ie: 2 yrs tax returns, 3 months paystubs, 12 months bank stamements, proof of mortgage, an explanation of events or "WHY" we are filing, even proof of our food expense and cable bills.

    From the very beginning, we were up front & honest with out atty in regards that we contribute $300.00 a month to our only (adult) child who has a terminal illness, receives barlely enough SSI to live on his own which he chooses to do for a long as he can until it comes time for him to move back with us when it will then be time for me to give up my job to take care of him. Now they want a copy of "the court document" that shows support of our additional dependent, which is not the case right now. No court order is needed for caring parents to try to see that their child needs are being taken care of.

    We do have an "asset case" (home, 2 cars and an old boat paid for) and they are more than welcome to come and take anything they wish and no doubt, they will. I had to give up my commissioned sales position with benefits and move back to a clerical position which will reduce my salary by $7,500.00 We just need debt relief from our $50,000 in unsecured card loans which we will never get paid off in 2 life times with loan shark interest rates of 29%.
    Sorry I've go on so-but I just feel so betrayed by the system that my husband & I have worked our whole lifes to support and the first time we need it, the sharks smell blood.
    Am I over-reacting? My attorney said we need to get everything together, (who keeps all their lunch & grocery receipts) send it to him and he'll, for an additional charge, (we've paid him over $1100.00) will write a letter and send everything off for us.

    Can they refuse our Chapter 7 or change it to a Chapter 13. How often does the US Dept of Justice Trustee get called in? We have not lied or forced figures but I am afraid that I can not come up with all the receipts I need.
    I also do not want to get my Son involved in all this either.
    What to do????

    #2
    What in Sam Hill is going on here?

    This is the very reason I don't trust BK lawyers. Most of them don't know any more about bk then we do. Your experiances have me thinking about just packing up and moving in the middle of the night not telling anyone where I am or how to reach me. I believe that even though the new laws are not in effect the trustees have been given the OK to screw us over. They have been held to the federal stautes to this point but, the feds have probably assured the local courts that they won't interfere with their rulings.

    keep us informed.

    mark

    Comment


      #3
      What is the timeline for your case: When did you file, when was your creditor meeting, when was your last date for objection to exemptions, objection to discharge? When were you scheduled to potentially be discharged? ARe your vehicles and house paid for, how much equity in them.

      My understanding is yes they can refuse your chapter 7, but most likely would just put you into a Chapter 13, unless they found fraud or something. Just my opinion.

      Comment


        #4
        New Idea

        We filed on Dec 27th, '04 & our 341 was on Mar 15th with final objection April 15th. It is our Trustee who is objecting and who turned it overr to the Dept of Justice Trustee.

        To the best of my my knowledge, they have never given me a date of discharge.

        Both vehicles, valued at approx. $13,000 are paid for and we have about $50,000.00 in the equity of our home, which I believe here in Fl they can't touch our home.
        I am really upset with my atty, because he reduced the NADA figures we on placed on our vehicles and that too is being questioned by the trustee.
        I have NOT been able to find reciepts to fully cover the $500.00/mo amounts we claimed for our groceries & lunches ($300.00= 2 people @ 7.50/day x 20 days-no lunch receipts at all) so that whole figure may be disallowed-I just don't know how they work it. If they set what they think is a reasonable figure or fully disallow it.

        What we are giving up:approx $17,000.
        I know that I'll be giving up the one vehicle we own out right valued @ $7000. and buy back the other one I'm guessing at $5000, some stock valued at $3000. and a boat we would be lucky to get $2000.

        NEW THOUGHT: Maybe I could contact our credit card companies, see if thay would consider .33 on the dollar,(somethings better than nothing) which would be approx $16,500 on $50,000 of debt.just sell everything myself and pay them off. (OHHH-am I mad at my atty & myself)
        Any ideas on this, anyone?
        Thanks again, All!

        Comment


          #5
          Originally posted by klux
          What is the timeline for your case: When did you file, when was your creditor meeting, when was your last date for objection to exemptions, objection to discharge? When were you scheduled to potentially be discharged? ARe your vehicles and house paid for, how much equity in them.

          My understanding is yes they can refuse your chapter 7, but most likely would just put you into a Chapter 13, unless they found fraud or something. Just my opinion.
          Hi Klux,
          I relied to your questions but don't think i did it right-please look at my orig, post to see my answers and new idea.
          Thanks again, Klux,
          Barbie

          Comment


            #6
            Hi Barbie -
            I don't understand why you had to wait 90 days for your 314 meeting, I only had to wait about 28. Is your attorney helpful at all? YOu case sounds a little complicated, try talking to a new attorney, to do this you will have to have your current attorney submit paperwork to the ocurts withdrawing as your counsel. I think this would be your best bet. I think your grocery expeses are very realistic, are they actually questioning them? Our attorney said genrally $200.00/month is what the trustee in our county allows. Are you willing to do a 13, maybe you would save yourself a lot of headache if you did that? I dont suggest calling and making arrangements witht he credit card companyies, I think they can "renig" on their offers. With $50,000 equity and paid for vehicles, could someone give you a refinance loan to pay all the debt off? Just a thought.

            Comment


              #7
              The same thing happened to us (Texas) the DOJ showed up and basically said we had too much money/assets to file Chapter 7. We had to volutarily dismiss that and refile as a chpt 13, of course paying our attorney AGAIN. We've had nothing but trouble with our Trustree and our attorney is basically worthless! We've been in the 13 almost 3 years now and are hoping to refinance our house and get out of this whole mess the MINUTE the 36 months is up which is the first opportunity you have to pay off early - as we found out last year.

              Comment


                #8
                Sorry to say but it sounds like we both made the wrong choice of atty's.
                Both our atty's should have known prior to filing for us, that we made/have too much money and/or assets, and in my case warned me of anything that didn't look quite right. He should have suggested at that time to file 13 over 7 instead of puting us thru all this. What are we paying them to do - add more stress in our lives than we already have? Well they were nice enough to help dispose of some of some cash! From our hands to theirs. LOL Good luck to you

                Comment


                  #9
                  Not to sound like I'm on the courts side, but maybe you just happened to be unlucky and that the courts are required to do an audit on so many cases once in a while. Kida like the IRS.
                  I feel for you, good luck. Today I got discharged but I feel that still somthing may come up and we'll get screwed... Hope not, pray to God!!!
                  I won't rest easy until a year from now...
                  Edyta...
                  Discharged April 2005

                  Comment


                    #10
                    update

                    We sent in all the additional info the dept of justice trustee requested and we received a l"Discharge of joint debtors" letter signed by a judge stating the we have been granted a discharge under section 727 of title 11. This was ordered the end of May. I assume this is a good thing but just dont know exactly what this means ie: are we totally done? if not, how much longer do we have to wait etc....Whats the next step?
                    Just not sure what happens from here.
                    Any help?

                    Comment


                      #11
                      I am not an expert on BK laws but it does sound like a good thing. I am curious too why it took so long for your 341. Your attorney doesnt sound too competent. And you are right, by the way, who keeps receipts for lunch and entertainment. Our attorney's secretary said that the trustees are testing the waters in anticipation for the new BK law. They know that is ludicrous to think you keep lunch receipts, grocery receipts or ticket stubs from movies. Obviously if we had advance notice to do this we could have. We were asked to produce the same thing; needless to say we didnt have them either. The trustee zeroed in on our highest expenses and asked us to produce supporting documentation which we did. We are 37 days post 341; still very nervous but keeping our fingers crossed we make it to 7/1 which is our discharge date. By the way your discharge date should have been on the notice you got from the BK court as to whether you were a no asset or asset case.

                      Comment

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