Please help me with my story

[LSUTiger32]

Down to single digit days until my 341......only 9 days to go.

[LSUTiger32]

E-mailed them....paralegal thinks they can do this, she forwarded it to my attorney for an answer. If I didn't love the house so much I swear I would let it rain in here and then change my mind on keeping it.

The temporary fixes seem to be holding, but it's a chance I'd rather not be taking.

[debtprison]

Question:

I got my insurance settlement from damage to my roof from Hurricane Gustav. My mortgage company is refusing to endorse the check so that I can get a new roof until I sign the re-affirmation agreement with them. Kind of sounds like blackmail, but they may be within the law to do so. Is this something that they can do? The roof needs to be changed immediately as we have already had some water leakage due to it. Seems to me like if something happens because they refuse to let me get the new roof that they should be liable, but who knows!!!

Anyone have any ideas on this kind of situation?

P.S. Everyone knew about this in advance, I included it on my petition that I was expecting an insurance settlement from Gustav.

I'd probably ask your lawyer about this. It sounds like it is probably a violation provided you paid up during the period in which the original claim was made but I couldn't say for sure.

[LSUTiger32]

Question:

I got my insurance settlement from damage to my roof from Hurricane Gustav. My mortgage company is refusing to endorse the check so that I can get a new roof until I sign the re-affirmation agreement with them. Kind of sounds like blackmail, but they may be within the law to do so. Is this something that they can do? The roof needs to be changed immediately as we have already had some water leakage due to it. Seems to me like if something happens because they refuse to let me get the new roof that they should be liable, but who knows!!!

Anyone have any ideas on this kind of situation?

P.S. Everyone knew about this in advance, I included it on my petition that I was expecting an insurance settlement from Gustav.

[LSUTiger32]

You just made it under the wire in regards to the debtor's course! Here is what I found on the US Trustees website:

"The waiver of the debtor education requirement for bankruptcy filers in the Eastern District of Louisiana will be terminated effective September 16, 2009. Individuals filing for bankruptcy relief on or after that date are required to fulfill the debtor education requirement in order to receive a bankruptcy discharge."

So it looks like you do not have to take the course.

Yeah she told us about the September 16th thing, and now that I think about I think it was because of Katrina.

[backtoschool]

OK, so it's normal not to really be seeing anything at this point. I still have heard nothing about taking any courses, so I am still working with the notion that Louisiana does not have a pre 341 requirement.

You just made it under the wire in regards to the debtor's course! Here is what I found on the US Trustees website:

"The waiver of the debtor education requirement for bankruptcy filers in the Eastern District of Louisiana will be terminated effective September 16, 2009. Individuals filing for bankruptcy relief on or after that date are required to fulfill the debtor education requirement in order to receive a bankruptcy discharge."

So it looks like you do not have to take the course.

[LSUTiger32]

That sounds right then. The only other things you would have at this point is if you took your second debt ed course or if some creditor was asking to be kept informed of all filings on your case.

OK, so it's normal not to really be seeing anything at this point. I still have heard nothing about taking any courses, so I am still working with the notion that Louisiana does not have a pre 341 requirement.

[backtoschool]

Yes, I have that......it was on 8/20/09 as well. Nothing since then.

That sounds right then. The only other things you would have at this point is if you took your second debt ed course or if some creditor was asking to be kept informed of all filings on your case.

[LSUTiger32]

There should be a notice that they mailed to the creditors on your matrix as well. This is what it is called on my pacer docket:

BNC Certificate of Mailing - Meeting of Creditors.

This was mailed out to all my creditors on my matrix about a week after I filed.

Yes, I have that......it was on 8/20/09 as well. Nothing since then.

[backtoschool]

Down to 19 days until our 341. I have a question.....it's been 18 days since we filed and not one thing has been filed to our case since the originial documents/pay stubs/mailing to notify us, etc. on 8/20/09. Is that normal?

There should be a notice that they mailed to the creditors on your matrix as well. This is what it is called on my pacer docket:

BNC Certificate of Mailing - Meeting of Creditors.

This was mailed out to all my creditors on my matrix about a week after I filed.

[LSUTiger32]

Down to 19 days until our 341. I have a question.....it's been 18 days since we filed and not one thing has been filed to our case since the originial documents/pay stubs/mailing to notify us, etc. on 8/20/09. Is that normal?

[LSUTiger32]

It's been four days since I posted something......strange. Yesterday was rough but made it through. Four years already.

[LSUTiger32]

That's what makes me think it's normal. My attorney has been doing it out of the same office for 22 years. She is one of the biggest BK atty's in the New Orleans area so I know it's normal and legit.

I did take the snapshots of the accounts so I have that. I guess that is one of the things they are looking for. I was just cautious on sending it to him directly even though they told me to expect this.

[LuciluS]

It is strange but it is obviously normal for this area. I have his address, phone number and e-mail and my lawyer told me to be expecting this. I guess I will just check with my lawyer in the morning to be sure. Most of it is stuff that my lawyer told me he will ask for and that I already provided to my lawyer. She said that there would maybe be one or two things that I would need to do. The only thing I can see would be the bank statement from when my last one ended to the date of filing.

I think basically what lprn said was true. However, I'm reading lots of posts where people in BK are able to contact the Clerk of the Trustee and get an answer. Gee, it's kinna like the old saying - 'You don't know until you try it'.

IMHO, I believe Trustees are aware of more 'fly by night' Attornies who are not completing the Bankruptcy process papers correctly or omiting them, etc. I call them 'Newbies' but there are also the normal age Attornies and the ole codger Attornies doing the same thing. Please don't take offense to my choice of words..I'm trying to relax the OP

LSU, I'm really shocked your Attorney did not request a 'Snapshot' of your Bank Account on the date of filing. I know we talked about this in great detail before you filed with me explaining all checks needed to clear checking account or those monies would need to be shown as an Asset.

Now, don't go overboard on Pacer as to look at a document is $.08. Read the Stickie about Pacer. I know there's been quite a few detailed instructions on how to easily find info for the best value. I think I saved one of them; however, my Bankruptcy favorite List is quite Large! Will try to find it tho,

Luci

[LSUTiger32]

If you have a lawyer, most trustees won't accept direct communication from filers. There are exceptions (like your lawyer has gone AWOL ) but for the most part, all communications to the trustee should go through your own lawyer.

If you already gave most of what the trustee is requesting to your lawyer, then you need to ask your own lawyer what he/she did with it and why the trustee is requesting it if you've already provided it.

It is strange but it is obviously normal for this area. I have his address, phone number and e-mail and my lawyer told me to be expecting this. I guess I will just check with my lawyer in the morning to be sure. Most of it is stuff that my lawyer told me he will ask for and that I already provided to my lawyer. She said that there would maybe be one or two things that I would need to do. The only thing I can see would be the bank statement from when my last one ended to the date of filing.