Trustee question

[Confusdnfl]

I filed Ch. 7 a couple of weeks ago. My trustee asked for tons of paperwork, I have to call him next week and he schedules a visit to my house to check things out. I have read a lot of threads on this board and haven't read where anyone has had this experience. Most of you say your trustee doesn't even ask for any more paperwork than what the attorney provides him. Is this normal? This has gotten me so nervous because I haven't seen anyone else post this. I feel like they're trying to find me lying about something. I certainly like reading this board as it does make me feel more at ease knowing that we're "all in the same boat", so to speak.

[hhou812hh]

I have no experience with a Trustee visiting a home. I will say that the one major thing that can cause you any trouble is not telling the truth, the whole truth and nothing but the truth. As long as you are VERY HONEST about everthing you should be ok.

Good luck!

[HHM]

You may be the one and 500 case that they audit. Or the trsutee thinks there is a problem. Its hard to say. Its not common, but then again, its not unheard of. Just be honest and up front and it will work itself out.

[Minnymouth]

Yeah, trustee said he needed to send someone to my house also!!! Never did!!!
I had extensive storm damage to my home between the time of filing and before 341 meeting.
If anyone came, I sure didn't know about it!!

Trustee just may be "feeling" you out!! They can be like that!

Minny

[edwards2]

Minny - was the trustee attempting to question you about the damage to your house? Give me a break. I guess we are presumed guilty until proven innocent sometimes. Speaks volumes that they didnt follow through with the threat....
I hope that is the case for us; the trustee wants to test our resolve. Little does she know I am not intimidated by her decision to depose us. I did discover, however, that we are not the only test case. Our attorney and his partners have several clients who will have to face the music so to speak.

[Minnymouth]

When I went to the 341 meeting I could not prove the damages to the home, insurance adjustors were all in Florida for hurricane damage. Damage occured on July 6th and I finally saw an insurance adjustor Sept 7th after 341 meeting.
Trustee acted like I should have had all that paperwork ready for him - DUH!!! Can't deliver if you can't get the adjustor out there.
Some of the Trustees can be real "pains". Some can be extremely rude also. And some can be very understanding of your situtation.
Remember "they work for the creditors" but they ALSO "line their own pocket at the same time!!! They are paid extremely "well" for their services.

You said other clients of your Lawyers were being "tested and checked out by the Trustee"??? Could be actions by your lawyer in the past on other clients have sent up a red flag for the Trustee and he's really "checking out your lawyers actions and not yours"!!!
My lawyer "fell all over hisself" trying to explain "WHY" HE DIDN'T KNOW about the title on my home????? He represented me????
So Trustee my be checking out your lawyer instead of you!! HOPEFULLY.....
And then again, trustee may not show up at all or ask for any more documents. You lawyer may have failed to included certain paperwork when he filed your case that the trustee needed to look at. And your lawyer acted like it was "your fault" he didn't have it..... (you know "cover my own butt" thing).
Good luck to you, hope its something simple. No problems for you!

Minny

[edwards2]

Minny - actually the other people selected as guinea pigs were clients of the other partners in the firm not my particular lawyer. My attorney has a good relationship with the BK Trustee and the U.S. Trustee. They aren't president of his fan club but there dont seem to be any "issues" with him or his law firm. I do believe she(US trustee) is looking for disposable income and she will find it if she disallows an expense of ours. It is a perfectly justifiable expense and we went into great detail to explain that and other things to her when we sent in our additional documents and narrative per her request. There was a tentative show and tell with the trustee scheduled for August 3...or so we thought. We submitted our paperwork early last week; my lawyer has not heard from her despite several phone calls to her. I even checked PACER to see if the hearing was on her schedule. Nothing there. I just want it over with one way or the other.

[Minnymouth]

Sometimes the BK process can be "sooooo slow", so just be patient and wait it out........
Hell, I'm still waiting and its been 14 months trying to settle mine (which is extremely unusualy, believe me)...... Most BK are over within 3-4 months from filing date.
Personally, I'm glad they did mine the way they have, I'VE SAVED ENOUGH COLD CASH, to purchase my home/land back at below auction price from the trustee....................and have it completely paid for now.
How's that for "waiting it out" and good things happening in the end................
But my case is "one of the RARE ONES"......

So sit back, relax, give them what they ask for, and shortly it will all be over for you, hopefully.

Good luck

Minny (still playing the waiting game)

[edwards2]

Tomorrow is D Day Minny. It is show and tell time. We are facing the infamous trustee in our 2004 exam. I know the purpose is to trip us up and/or clarify our case. It is supposed to last an hour to an hour and a half. Husband and lawyer will be present of course. We have given her what she asked for short of our blood type. Lawyer thinks it is a formality and isnt worried. They think I am a nervous wreck and they would be right. She has until August 19 - that would be her final answer. I am really weary of it all so I know you have to be given how long you have been waiting. You did a Chapter 13 right? I just want it to be over one way or the other. Have gotten some good advice about demeanor and short answers. That alone will be a challenge for me. Will let you know. Thanks again.

[Minnymouth]

Morning, hope your meeting is now over and you can find some relief today on your situation. At least you should have a better understanding today of what the Trustee is looking for......like you said - probably disposable income...
I'm hoping it all goes in your favor!!! If you lawyer wasn't too worried or excited then your probably going to be all right.

My case was a Chapter 7 - you know the simple cut and dry case. Well, mine went WILD AND WICKED the day before the 341 meeting of the creditors. My lawyer called very excited and upset and said "WE HAVE A PROBLEM!!!!"
WE SURE DID!!!!!

7 years ago when I bought my doublewide and land together the bank "failed" to record their lien against my doublewide. They filed a lien on the land only. They had no lien on the home itself and should have.........No one knew about this for 7 years.......
Well, the Trustee found this "lack of lien" and notified my lawyer that he was taking my home for resale at the 341 meeting. My home (not the land) was a "clear asset" for him to take and sell.......DUH............I ABOUT HAD A STROKE, AND SO DID MY LAWYER.

Needless to say I was very "pissed" at my lawyer for not checking liens before filing......(ya know, what did I pay him for????)

So everything has been in an "UPROAR" since the 341 in August of 2004......
We have had "adversary complaint" hearings where the trustee took the home from me and also whatever interest the bank thought they had.
I was discharged from everything else in Octobor of last year except the house/land issue.

We have been negoiating since last January on ME puchasing the land back from the bank and the home back from the trustee.....A LONG PROCESS AND LOTS OF WAITING ON ANSWERS.......

During this process, the bank has not been able to start foreclosure proceedings because of filing for redemption of property.

SO..........I am still living in my home, (I still legally own the land - they have not foreclosed), and the house is being negoiated as I write.....

The bank has agreed to sell land back to me at FMV. Am waiting for "word" any day on the "house" thru the trustee...

I have made NO HOUSE PAYMENTS since August of 2004. They stopped when they took my home. All I pay is utilities right now.....sure helps the savings account...

So to make a very long story "short".....MY SIMPLE CHAPTER 7 (where I was supposed to keep my home) turned into a "NIGHTMARE" for me. All because of a clerical error that someone made 7 years ago and nobody knew about till the trustee found it.

I had invested $80,000 in my home/land over 7 years. Additions, garage, decks, porches, landscaping, house payments, etc.

$80,000 down the tubes because of a "clerical error".......
TALK ABOUT A SHOCKER........ I about had a heartattack then, and have been sick since physically.....

But hopefully it will all be settled soon. A "close friend of many years" has kindly offered to purchase my home and land back from the court/bank so I don't loose it. Then sell it back to me... so I don't loose my investment, efforts, hard work, and the roof over my head.

Chapter 13 was not an option available to me.... the payments would have been more than I could afford when they checked it out.....I would have had to pay for everything at 100% over 3-5 years. I'm single, so that option wasn't open to me.... couldn't make the payments to the court - too high!!

So we have been battling it out, I keep my lawyer on his "toes", I have searched, and researched for information to help me on what "my rights" are, etc.

Hopefully it will all be over soon, I'll get my home/land back completely (fairly cheap) and I can get all this behind me.....

My kind of case is extremely "rare"......odds, one in a million maybe.

But I've been thru the mill - stressed out - etc- and will be glad to find an ending to it all.

SO I KEEP HANGING IN THERE!!!!

Please keep me posted as to what happens in your situation and what the Trustee was looking for today and what happened at your meeting.

All I may be able to do is give "morale support" - but believe me, that helps a whole lot. I might be able to answers questions for you if I can..... I have become "very knowledgeable" regarding bankruptcy.......

Sorry, didn't mean to be so windy.....

Keep in touch,

Minny

"My advice is not legal advice - it is from "experience only!"

[mymymy]

Yes, please Diane.. fill us in as soon as is possible! We've all been living through this thing with you!

Oh, Minny. I sure hope your situation gets resolved soon! 14 months of hand-wringing is too much... let us know!

[Minnymouth]

I keep "hanging in there" - I'm made of the "good stuff"......I'M A SURVIVOR

Minny

[mymymy]

Would you crack a smile if I shared my good news with you?

My discharge was granted yesterday.. yey! Of course, I'll still be holding my breath until the case is closed.

You're NEXT!

[Minnymouth]

Mymymy - I'm "tickled pink" for YA!!!!!

I am so glad to hear when someone can say "IT'S OVER"... that means they can "live" and "breath" again!

CONGRADULATIONS!!!!!!!!!!!!!! ON THE DISCHARGE!!!
Now its just wait out the time period where the trustee can re-open your case (1 year or less). When you see "case closed" posted on Pacer - that trustee is thru with you!!!!!.


Mine's not over yet, but when it is "THIS FAT LADY IS GONNA SING"!!!!!!!:

Got my discharge, but waiting on house settlement!!!

Minny