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TRUSTEE MEETING FRIDAY: some help please!

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    #16
    It's basically up to the Trustee, who is usually granted his motions by the judge.

    Do not sweat it though. If no objections were filed and you know you are on your way to discharge you are likely in the clear. I can tell you from experience, do not lose sleep over this stuff, it will destroy you physically.
    Last edited by robivi3; 06-04-2005, 02:55 PM.
    "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

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      #17
      Our 341 meeting didn't go as well as I had hoped. We had a creditor (from Chase) show up to question us on (1) charge of $3,000 within the 60 days of filing and another charge of $5,000 within 90 days of filing. (Two separate credit cards, and they were used for covering charges from gambling at the casino).
      The attorney representing Chase said that they showed up because of our higher income and the courts have become very hard on discharging gambling debts. He recommend settling with Chase so if Chase did object and win we would be forced into chapter 13.

      The lawyer representing Chase asked questions like: At what point did you know you were not able to pay your bills; how were you able to pay your credit card bills; did you see a lawyer prior to filing? etc. It was very nerve racking, as I did not know he would be able to ask so many questions.

      Also, our trustee at the end of our meeting told our lawyer that he was recommending two expenses of $300 and $250 not be allowed. Our disposable income prior to this meeting was $300 which brought our total to $850. Our lawyer said that he would be discussing this amount with the US Trustee.

      Our meeting was on 5/13 (our discharge is scheduled for 7/12) and I called our lawyer today and there have been no official objections from creditors and he has not heard from the US Trustee. He said that everything is now out of our hands and all we can do is wait to see what the US Trustee decides. Either we will be forced into chapter 13 because of our disposable income, or several creditors can object and we can negotiate what to pay them in a chapter 7.

      My question is: Not matter what objections we may get from creditors, doesn't the US Trustee make the decision? If she objects to a chapter 7, then creditor objections mean nothing in a chapter 7?

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        #18
        Whoa..so let me get this right. If a creditor objects to a discharge and proceeds with an adversary case in which you lose...you then have the option of changing to a chapter 13? Just wondering. I had several large cash advances (lost to gambling) from Chase. Mine was over 6 months ago though.

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