Auto reaffirmation hearing

[originalhealer]

Well, my Ch 7 deadline for the objection to discharge is 10/17/05. So, I guess I should be hearing something soon, but I have several questions:

1. The pawn shop objected to the discharge of my jewelry because they said it was worth more than the covered exemption. I have since updated my exemptions to include the wild card to cover the jewelry. I know in a previous post HMM said it didn't matter because the pawn shop's lien will survive the bankruptcy. What is interesting to me is that I haven't heard a word lately from the court about this. Will there be another hearing? Will they ignore the letter? When does the pawn shop have the right to sell off my things?

2. I reaffirmed my car, but the Trustee also formally abandoned it. Now, I haven't heard a word from the court or the finance company either. Isn't there supposed to be a reaffiirmation hearing? What was the point in the Trustee abandoning the car?

I was thinking that since the Trustee changed my case to an asset case because of my pension, and then contacted all of my creditors to tell them to file Proofs of Claim, they're probably thinking they will get some money and they won't need to repossess.

Also, I probably won't get a discharge until I have had the reaffirmation hearing, right?

[originalhealer]

Yesterday I went on PACER, and on 10/13 the Trustee listed the "Interim Report of Trustee", and on the first page, everything has a zero next to it, including all of my assets. Next to "Value of Assests remaining to be liquidated" is 0.00. "Projected total value to be realized": 0.00. "Major activities during the reporting period not reflected": trustee states he is investigating whether they can take my pension. "Projected date of final report before distribution": 9/30/2006.

Then on the second page, which is a chart called the "Individual Estate Property Record and Report", the chart lists all of my assets with zeros under "Estimated Net Value" except for my pension, which is listed as "unknown". The last column, which states "Asset Fully Administered (FA)", everything has FA next to it except my pension, which says Unknown. At the bottom he lists that he is investigating whether the court has any right to the funds, and he lists the "Initial Projected Date of Final Report" as 6/30/2006.

My deadline for the Objection to Discharge is Monday, 10/17.

Hmmm.....it sounds like I am about to be discharged!!!! Then, they'll keep the case open while he investigates the pension.

But what about the reaffirmation hearing? And the pawn shop's Objection to Discharge? The reaffirmation agreement is still not posted on PACER; there is no mention of a reaffirmation anywhere.

Something else I was wondering: I get my pension direct deposited into my account every month. Now, what is going to happen if next year they do win the pension (what's left of it)? Are they now going to say I owe the courts any retroactive payments I had already received? I don't know.

[originalhealer]

Geez...I can't believe that not one of the over 100 people that has read this post has anything to say! Some insights, please, guys (and gals)!

[sunshine08]

Boy is the forum touchy tonight.
Sorry, I have no wisdom to impart on this subject. Wish I could help you. DO you have an attorney.
I thought pensions, retirements etc. were usually exempt?
Good lord, how much are they claiming for the jewelry? Did you check all the places to look on Pacer. There are several reports etc you can actually look at. Please don't ask me exactly which one for your case because again, I have no clue.
BUt I didn't want you to feel alone, so I answered to tell you I had no answer.

[originalhealer]

Thank you, Sunshine. I filed Pro Se, so I don't have a lawyer. The reason my Trustee is trying to take the pension is because I inherited it from my mother who passed away early into her retirement, and I was named as beneficiary. He is trying to say that I may not be entitled to exempting the funds, so he hired a big-time expensive law firm and an accountant to look into my case.

The pawn was for a gold herringbone bracelet, two rings and a necklace, all really nice with diamonds or gem stones. They only let me borrow about $250 on all of it, but now they are trying to say the jewelry is actually worth $1200, so they say I can't exempt it because the jewelry exemption is only $500. So, I redid my schedules to apply the wildcard exemption for an additional $600 on the jewelry. But HHM said in an earlier post that the lien will survive the bankruptcy, so the jewelry people may get the jewelry anyway, unless I pay the loan back, plus interest, of course.