top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

341 Today

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    341 Today

    Kind of the 341 from Hell. Our trustee was an a$$, but he was like that with everyone. I felt so sorry for one couple before us. They had received their stimulus check after filing. The wife called the trustee's office to ask about using the money to catch up with their mortgage. The trustee gave her permission, but didn't make a note of it, so he was demanding that $1,500 back.

    Ours went okay, until we got to my copyrights. He requested a copy of all my contracts from different publishers. He's trying to say the copyrights are property of the bankruptcy estate. Yeah, except they've all been assigned to publishers for a set amount of time. I think he's hoping he can make me pay back the royalties I've received in the past six months, which is about $4,000. I really don't see that happening, since that money is my income, and I filed it as business income on Schedule J and Form 22A. He wouldn't be able to make someone with a regular employer pay back their salary, so I don't think he can do that to someone who is self-employed. I'm assuming once he reads the contracts and sees that I assigned the rights for anywhere from two years to the life of the copyright, on my behalf and any executor's behalf, he'll realize it's a dead end. I don't think it will be more than an annoyance and a few days of not knowing. I hope.

    If we have to, we'll hire an attorney. I don't think we'll have to though. For one thing, when reviewing our petition, I realized I forgot to exempt the copyrights on Schedule C. I think that, coupled with the $5,000 wildcard exemption that I didn't use, should take care of the issue.

    Other than that, it was quick, though he was condescending. He was like that with the other pro se filer that went before us too, so it wasn't personal. He's just a...well, I'd better not write what my opinion was (again). Seriously, though, he was on a power trip.

    Oh, and no creditors showed up, and the U.S. trustee had no interest in us.
    Filed No Asset Ch. 7, pro se, 08/18/2008
    341 meeting is 09/25/2008
    Last day for objections is 11/24/2008
    Discharged: 11/28/2008

    #2
    Congrats!!! Now you are in 60 day club

    May I ask, what state you live in? I think it's awful that this Trustee is such an a$$, for a majority of bk filers, this is a scary process and it doesn't need to be complicated by your Trustee's attitude!

    Good Luck
    May 2008 Hired 1st Attorney/Stopped paying CCs
    May 21, 2009 Retained 2nd Attorney
    May 28th - Filed for Ch 7 (FINALLY!)
    9/11/09 - DISCHARGED!!!!

    Comment


      #3
      Man, I don't understand AH's like that. We had a great one. Never talked to us and we had everything wrong, but we compromised and have to pay bucks. That is fine as we were wrong and he was right. So I got my 7.

      I guess it is the luck of the draw. So sorry. Pleased you got by. 'Hub and Mrs.
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


        #4
        Thanks! I don't think we're quite in the 60-day club yet, but I really don't know. I'm hoping to hear something from him by tomorrow, though I'm sure that's too optimistic.

        We live in Idaho. When I looked up our exemptions, I discovered they suck, and we can't take the federal exemptions. We have an $800 wildcard exemption. Wow, a whole $800. I'm assuming that is applicable to each of us, so I can protect at least $1,600 of the $4,000. I'm a little uncertain about taking the $1,500 tools of the trade exemption for copyrights, but if he pushes the issue, I'm going to give it a try and see if it goes through okay. If so, I can exempt $3,100. I'm trying to tell myself that the WCS is he'll want back $4,000, and we'll either hire an attorney or pay him. Honestly, I don't know how we'd come up with the $4,000 right now, and he doesn't seem to take payments. I thought all trustees did in "buy back/payback" situations, but maybe not. When the couple with the mortgage asked about repaying their stimulus check in payments, he said he didn't take payments.
        Filed No Asset Ch. 7, pro se, 08/18/2008
        341 meeting is 09/25/2008
        Last day for objections is 11/24/2008
        Discharged: 11/28/2008

        Comment


          #5
          God I hope my trustee isn't like that when I go. I will already be nervous as it is!

          Comment

          bottom Ad Widget

          Collapse
          Working...
          X