Please help me with my story

[2manybills]

I am not speaking in absolutes. Read the thread again. My post is the end of a long conversation on specific items the trustee brought up in the 341.

In any case I was not talking about a motion to dismiss, I was referring to the tax return, 401k and the college fund as exemptions.

Sorry if you took offense bts, that is not my intention. You did refer to being discharged in 60 Days and that comes from a motion to dismiss from the UST and has nothing to do with whether or not you have an asset case.

My point is that every case, every district is different. I've worked in the legal field for 35 years and there are so many different variances just County to County, you can only imagine on a national level what is happening.

[backtoschool]

bts: Sometimes you speak in absolutes. Remember every district is different. Pretty much I can bet that was the TT report of no distribution. Also, the TT's report of no distribution and whether there is any UST involvement regarding a motion to dismiss are 2 different situations entirely.

I am not speaking in absolutes. Read the thread again. My post is the end of a long conversation on specific items the trustee brought up in the 341.

In any case I was not talking about a motion to dismiss, I was referring to the tax return, 401k and the college fund as exemptions.

[2manybills]

Yes you are definitely in the 60 day club! You are in the "formerly-had-assets-but-they-couldn't-push-you-into-a-chap-13-so-they-are-pissed" penalty box with me.

I'm so glad for you guys! I'm sorry all of you guys are having to deal with these TT's that are pushing around people that have already beat themselves up enough and lived through far too much! Don't they have bigger fish to fry! I just don't get it.

The good news is that you guys are preparing and perservering. So if they end up with a few bucks in assets, SO BE IT! You still get your "Fresh Start"!

[2manybills]

It's great news, but it does not list the college fund or the 401k or the tax refund, so it is pretty much what we described above. Still it means you will be discharged in 60 days.

bts: Sometimes you speak in absolutes. Remember every district is different. Pretty much I can bet that was the TT report of no distribution. Also, the TT's report of no distribution and whether there is any UST involvement regarding a motion to dismiss are 2 different situations entirely.

[backtoschool]

As long as I am in the club, that's fine with me. I'll just wait and see what happens with the college fund and the 401K stuff. I guess my attorney will contact me if need be.

Yes you are definitely in the 60 day club! You are in the "formerly-had-assets-but-they-couldn't-push-you-into-a-chap-13-so-they-are-pissed" penalty box with me.

[LSUTiger32]

It's great news, but it does not list the college fund or the 401k or the tax refund, so it is pretty much what we described above. Still it means you will be discharged in 60 days.

As long as I am in the club, that's fine with me. I'll just wait and see what happens with the college fund and the 401K stuff. I guess my attorney will contact me if need be.

[backtoschool]

Two things were filed just now on my PACER record.

1. Memo and Minutes of Chapter 7 341 meeting
2. Formal legal document

Here is the legal document......please tell me this is good......I think it is.

TRUSTEE'S PETITION OF DISCLAIMER AND ABANDONMENT

To: Judge

The petition of the undersigned trustee of the estate of the above named debtors with represents:

On the ground that there is no equity in the hereinafter described property for the estate of the above named debtors, over and above such exemptions as may apply thereto, or that if there is any such equity, it is not sufficent to justify administration.

The undersigned trustee (in his official capacity under Federal law) as representative of the estate of the debtors, does by these presents, subject to the approval of the Court (which approval is hereby prayed for), disclaim and abandon all such right, title and interest of the said debtors estate in and to the following described property:

My primary residence, rental property, rental property #2, lot, car, car, car.

GOOD NEWS, right?????

It's great news, but it does not list the college fund or the 401k or the tax refund, so it is pretty much what we described above. Still it means you will be discharged in 60 days.

[LSUTiger32]

it's great news. That's pretty much his report of no distribution, no assets. Welcome to the 60 day club!

See sometimes we fret over things we don't need to fret about!

whoooo weeeee!

[2manybills]

Two things were filed just now on my PACER record.

1. Memo and Minutes of Chapter 7 341 meeting
2. Formal legal document

Here is the legal document......please tell me this is good......I think it is.

TRUSTEE'S PETITION OF DISCLAIMER AND ABANDONMENT

To: Judge

The petition of the undersigned trustee of the estate of the above named debtors with represents:

On the ground that there is no equity in the hereinafter described property for the estate of the above named debtors, over and above such exemptions as may apply thereto, or that if there is any such equity, it is not sufficent to justify administration.

The undersigned trustee (in his official capacity under Federal law) as representative of the estate of the debtors, does by these presents, subject to the approval of the Court (which approval is hereby prayed for), disclaim and abandon all such right, title and interest of the said debtors estate in and to the following described property:

My primary residence, rental property, rental property #2, lot, car, car, car.

GOOD NEWS, right?????

IT'S GREAT NEWS. That's pretty much his report of no distribution, no assets. WELCOME TO THE 60 DAY CLUB!

See sometimes we fret over things we don't need to fret about!

[LSUTiger32]

Two things were filed just now on my PACER record.

1. Memo and Minutes of Chapter 7 341 meeting
2. Formal legal document

Here is the legal document......please tell me this is good......I think it is.

TRUSTEE'S PETITION OF DISCLAIMER AND ABANDONMENT

To: Judge

The petition of the undersigned trustee of the estate of the above named debtors with represents:

On the ground that there is no equity in the hereinafter described property for the estate of the above named debtors, over and above such exemptions as may apply thereto, or that if there is any such equity, it is not sufficent to justify administration.

The undersigned trustee (in his official capacity under Federal law) as representative of the estate of the debtors, does by these presents, subject to the approval of the Court (which approval is hereby prayed for), disclaim and abandon all such right, title and interest of the said debtors estate in and to the following described property:

My primary residence, rental property, rental property #2, lot, car, car, car.

GOOD NEWS, right?????

[2manybills]

Funny you mentioned that, she walked us out the room and said I would tell you to increase your witholdings but I see you already have it set pretty good. So she was on top of that, she had already looked our check stubs over.

Seems like they wouldn't want anything done until the TT files their report of distribution.

[LSUTiger32]

I would increase your withholding a bit so you can keep more of the money. You still have 3 months to recoup some of it before you file.

Funny you mentioned that, she walked us out the room and said I would tell you to increase your witholdings but I see you already have it set pretty good. So she was on top of that, she had already looked our check stubs over.

[2manybills]

I would increase your withholding a bit so you can keep more of the money. You still have 3 months to recoup some of it before you file.

I would not do anything without your attorney telling you to do that. That's what you paid him for. I can appreciate the fact that you don't want to give up your tax return, on the other hand, IMO - you are getting rid of a big monkey on your back with everything else. Let your attorney do his job! We tend to sweat stuff that the attorneys don't even worry about.,

[backtoschool]

He did mention to us that he wanted to see it. He did say he might take some, or he might not touch it at all. He just asked us to please comply and make sure he sees the return and that we do not do direct deposit. We have to do a paper check.

I would increase your withholding a bit so you can keep more of the money. You still have 3 months to recoup some of it before you file.

[LSUTiger32]

It is totally dependent on your district. We are dealing with guys out here that are trying to push out 250 cases a day! They're going crazy with more on the way!

I would ride it out. Let your attorney handle it and the bigger issue is that you are in the 60 Day Club!

I would think that you guys that suffered losses from Katrina would be given a break!

I know I have been wondering so much about all of this stuff that I forgot to get excited about being in the 60 DAY CLUB!!!!!

And just for good measure........