My wife and myself live in the Chicago Area. We recently had to change from a Chapter 13 to a Chapter 7 due to my losing my job. We just found out the name of the trustee who will be handling our case. My question is if anyone has dealt with this trustee, and what she is like? I'm not sure if we are allowed to give out individual's names on this forum. Perhaps one of the moderators can advise on that? We are concerned we might lose our house or cars. Any information or advice you would be able to provide would be appreciated, thank you.
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These are questions that your attorney needs to answer for you...............Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different. -
Even if you gave out the name, which you can...frankly that is too specific a question for this board to answer. Our members are quite diverse and the odds of someone actually having had the same trustee are quiet low.
Moreover, the question is based on the false assumption that trustees act on a whim and that somehow a trustee's personality will make or break a case, and that is not really true. It is true that some trustees are more aggressive than others...but the outcome of any given case is controlled by the BK code and the Judge, not the trustee.
As for keeping assets...you WILL lose your house in the following circumstances.
1. You are behind on mortgage payments going into a chapter 7 (but it is the bank that comes into the case and takes the house, not the trustee).
2. The amount of equity in your home exceeds your state's homestead exemption.
3. You decide to surrender the house.Comment
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I was actually quite surprised to find that Granny and I have the same trustee.Originally posted by HHM View Post
I think that the more people file bankruptcy, and the more they do searches online and find this forum, chances of finding someone with the same trustee are going to go up, IMO. I don't know if it's a good thing... however.Chapter 13 Filed "Old Law"
Filed: 6/2003 Confirmed: 3/2004
Early pay off sent: 10/05/2007 - 9 months early
11/16/2007 - Discharged!
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I didn't say it was impossibleOriginally posted by chpxiii View PostI was actually quite surprised to find that Granny and I have the same trustee.
I think that the more people file bankruptcy, and the more they do searches online and find this forum, chances of finding someone with the same trustee are going to go up, IMO. I don't know if it's a good thing... however.
But still, your hand gets dealt the minute you file your BK, what trustee you end up with has very little impact on how your case goes. So commiserating about a trustee is of very little value, it's not like you can do anything about it. So why worry about something you cannot change?Comment
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I do think that's the bottom line. Who your trustee is means very little.Originally posted by HHM View PostI didn't say it was impossible
But still, your hand gets dealt the minute you file your BK, what trustee you end up with has very little impact on how your case goes. So commiserating about a trustee is of very little value, it's not like you can do anything about it. So why worry about something you cannot change?Filed Ch. 7 June 14, 2007
341 Meeting July 19, 2007
Discharged September 17, 2007
Closed September 17, 2007Comment
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I wouldn't know my trustee if I fell over him. One of his staff members handled my 341 meeting. That's the way I want it......wayyyyyyyyyyyyyyyyyyyyy under his radar. We have an agreement; I make my payment every month and he leaves me alone.
sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."
Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:Comment
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You also have to look at the relationship between the BK attorney and the trustee. At our 341 it was obvious that the trustee knew or was familiar with some of the attorneys and others he didn't know or acknowledge.Filed 07/07, $120k unsecured debt
Plan: $400 (includes cram down) 60 months
Brilliant attorney, decent trustee, awesome planComment
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I'm in Chicago as well and will be filing later this month. I asked my attorney about the trustees here when I put down my retainer and she said they are pretty fair but there is one that some attorney's don't like. She actually gets along with him really well as she said he asks for extra information if he needs it before the 341 so you are in and out. I guess he's also an attorney but I'm not sure who he is.11/13/07 - Filed Chapter 7
12/13/07 - 341 Meeting
02/12/08 - Discharged
02/15/08 - Case closed
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LOL! Yes! I pretty much had that same agreement with my trustee too!Originally posted by $$only4ever View PostI wouldn't know my trustee if I fell over him. One of his staff members handled my 341 meeting. That's the way I want it......wayyyyyyyyyyyyyyyyyyyyy under his radar. We have an agreement; I make my payment every month and he leaves me alone.
Chapter 13 Filed "Old Law"
Filed: 6/2003 Confirmed: 3/2004
Early pay off sent: 10/05/2007 - 9 months early
11/16/2007 - Discharged! Comment
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That was quite obvious at our 341 too.Originally posted by qwertysue View Post
One attny we Consulted was a very nervous type. Talked like "Porkie Pig" so that's how we refer to him even now.
All during the Consultation he kept referring to the Trustee. "He won't like this." "He won't allow that." We got the impression he was scared of the Trustee.
Sure enough, at our 341, Porkie Pig was there. And sure enough, he acted like he was intimidated by the Trustee.
Another guy we Consulted was all brash and puffy during the Consultation. Telling us how "Buddy, Buddy" he was with the Trustees. At our 341, he was there, cowering like a whipped puppy in front of the Trustee.
Our attny sat back in his chair. Cracked jokes with the Trustee. Leaned forward to point out pages of our file marked with color coded stickies.
If you live where you can attend some 341's live and in person,......... Or just hang around in the hallway outside and listen to others talk. You'll learn a lot about both the Trustees and different attnys.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...Comment
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i what i found out from my 341 meeting was trustee was straight forward to me and asked just 3 questions. Only will he start asking questions when he see's usual transactions in checking and assets, especially of house(this based on previous people that went thru the trustee questioning).
Like others, it doesn't matter who the trustee is. its all matters how well you have filled our the petition forms and have documents or proper answers to trustee's questions.
example, one people did not communicate properly with her attorney about bank statements and house. Because, her lawyer was lost during questioning.
seafreshFiled: 9/28/07 :clapping::unsure:
341.... 11/1/07 :dry: :yahoo:
discharged 1/7/08 :clapping::yahoo:Comment
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