Absolutely BRUTAL 341-Florida Middle

[DeadManCrawling]

Marie,

Keep reading and learning, have patience with yourself, and most of all, do NOT try to hurry to file without full understanding of what you are doing. You'd be amazed how much time you MAY have. Three years, for us.

I know more about BK than I imagined possible, from time spent researching, on this forum, and so on.

You will get through, somehow, someway. Just as we did. Study your exemptions, and prepare and you will be able to keep everything in tact that you need. Need, not want. THere is a difference, and I took a little longer than the average to understand that part, I think.

[frogger]

Congratulations DMC. It's amazing how some think that they are smarter than the trustee or are going to game the system. I'm glad yours went well.

And for those others that tried to play the trustee, they're going to find out that stupidity can be painful.

60 days and counting!

[marie]

LRPRN,

When we started, I was a bundle of nerves, about to explode, terrified to get out of bed in the morning.

-dmc

This just about describes me at the moment. I can't sleep well, wake up in the early hours with waves of panic rushing over me.

I feel like crying, but face my family each day with a smile and a calm countenance, because I am their rock, and they need me to be strong.

we are filing personal chapter 7 soon, but we are self employed, and I am terrified that the trustee will want to take my husbands truck and tools, and money in the business account that I use as working funds for payroll and daily expenses.

If I get a check for a job that is $8000 , for example, I might have paid out already $6000 in wages, expenses, WC, insurance etc, and that money coming in covers the next job. I can't just spend it, and if the trustee took it, then we could not operate.

I just wish all this was over, I just feel so uncertain.

on a brighter note, I hope everyone has a pleasant and peaceful holiday season, whatever your faith, and congratulations to all those whose cases have been concluded with a satisfactory result

[DeadManCrawling]

Hi, JR,

We were running 45 minutes behind when we finished, as well. Our attorney had one other client there, who was the last case before lunch.

I was glad she was the last one, as she was terribly nervous about this. I think our attorney may have asked a personal favor to make her the last before lunch. As such, she was in the room alone, everyone else gone, including us. Only our attorney and the trustee were present. If our attorney DID request this, I am even more impressed with him.

There are a few other memories I will try to post as I think of them.

We watched around 15-18 cases.

The trustee ordered appraisals for personal or business assets in almost all of them. We were one of 2-3 that did not receive an appraisal order.

With the appraisals, there seemed to be some common things: near or over median income, retaining house, large house, or some other questions about exemptions or assets. Though she wanted appraisals on all these cases, there seemed to be reasons underlying each one.

[StartingOver08]

Wow...just wow. Your post was jaw droppingly descriptive of debtors shooting themselves in the foot by trying to get away with obvious fraud. I can't even imagine someone having the guts to look down on the Trustee when they are the ones in the hotseat! It defies logic.

I appears you drew the Trustee with the national reputation for utter thoroughness. Thank goodness you were prepared mentally, organized and READY to give up what you could not exempt! You must have been a breath of fresh air to the Trustee. Congratulations on your smooth 341...and your continued smooth transition to a debt free life.

[JRScott]

DMC good for you

I suspect there may be fraud in the other cases......its not good not to know where large sums of money is when the trustee or UST asks. Always good to know your income too .

My lawyer had a good rapport with the trustee too back then. Mine was like 5 min tops with the trustee. But like you I had one of the trustees that was noted for being hardnosed. He did grill several folks and was running 30 min behind when we finally got the roll call for our time.

Nothing can offend the trustee more than treating him like he's your employee.......

My lawyer gave us a list of dressing standards and it specifically mentioned not to buy new suits or dresses or other such excesses.

[HakunaMatata]

Congrats DMC! Happy 60 Days!

[DeadManCrawling]

OhBOy,

I will send you a PM with his details. For others reading, he is in the northern suburbs of the Tampa area. I recommend him without reservation. He and his staff have been perfect for us, and he has personally researched intricate questions I posed to him based on: Questions on this forum, my own thoughts, case law references, and suggestions from others on this forum.

No case is the same, but this attorney has done incredibly well for us.

[BKorbust]

Great post.. Thank you.

[OHBOY]

DeadManCrawling:
Looks as though you will be able to change your name soon to something more positive...

Really appreciate you sharing your experience in such detail. I especially got a kick out hearing that your attorney wore a Santa hat.
Just wondering...how would one find out who this recommended attorney is ? ....I am in the 'Middle District'...

Bet your wife is breathing a sigh of relief. All 'down hill' from here, I would think.

[DeadManCrawling]

LRPRN,

The worst offender, in his Armani suit, originally approached the trustee as though he, THE DEBTOR, were about to conduct a board meeting. Or a minor conference with his gardening crew, about to direct them as to how the hedges should be trimmed this week, and how to improve over the previous week's effort.

Now, I have nothing at all against the wealthy. By some folks standards, I was (and am) wealthy. All a matter of perspective.

But this fellow "reeked" of arrogance and his attitude simply said, as he sat down in front of the trustee AND UST: "Let's get down to business-MY WAY. Now, here is how we are going to handle this . . ."

Of course, he got a tough lesson in a very few seconds.

BK seems to be a great equalizer, honestly. This trustee, as tough as she is, reduces EVERY debtor to the same questions and requirements. NO ONE is different in her eyes.

I DID spend a lot of time preparing. Almost three years. Most of my learning came from one source-THIS FORUM.

I thank you all, and many who have long since left the forum, for giving us the knowledge and confidence to get through it.

When we started, I was a bundle of nerves, about to explode, terrified to get out of bed in the morning.

This forum made the difference, truly.

Knowledge is confidence, AND power.

Best,

-dmc

[justbroke]

It never ceases to amaze me that people are still trying to hide, hinder or delay the Trustee and United States Trustee (UST). Absolutely amazing. Okay, so I may be on in the middle and leaning to the conservative side of how to approach a bankruptcy filing... but the things I've been reading the past few days.... just wow!

A Trustee/UST may seem mean, but people, their job becomes full of people who often lie! I equate this to police officers having to deal with the general public. Sure, most people are not going to lie and not going to shoot them, but they must approach each situation as if the person they are detaining/stopping is going to shoot them or lie to them.

Wow! Glad you made it out DeadManCrawling. On another note, I hope that we all learn from your experience that... messing with the system is not a good thing.

[lrprn]

Great attorney, happily recommend him to anyone in the north Tampa Bay area of Florida. He wore a Santa hat to court.

Never met your attorney, but I love any lawyer who has the confidence to wear a Santa hat into court!

I'm so glad to hear that things went well for you today! It's been a long time coming, but you prepared so well - good for you!

I literally gasped out loud when I read your tales about the other two filers you watched. Amazing how many people there are in this world who think they can just get by on (as my granny used to say) "on a smile and a shoeshine" . I'm imagine they feel entitled due to their wealth and acted today just like they do in many areas of their lives - "I don't have to be accountable." Guess their buck was finally stopped in that 341 meeting for those two today.

So glad your 341 went so smoothly - you deserve that 10 times over!

[DeadManCrawling]

No questions at all about our business.

In addition, I expected questions about our son's inheritance. He has an account worth about 13k and his OWN homestead, worth probably 250k, which is nearly paid off.

We take care of these things for him, as he is 16 years old. Trustee never mentioned them.

[mtbc]

Wow, good for you. It sounds like some people are so stupid! Or at least badly-advised by their attorneys.