New here, Made a mess of things

[NC7ProSe]

I will. Haven't yet decided to wink or not... am told I wink habitually, hope he doesnt take it wrong!

[bkfiler]

I will. Haven't yet decided to wink or not... am told I wink habitually, hope he doesnt take it wrong!

well you dont want to look like you are having an attack. after you wink make sure you look down too. this is a subtle sign that the judge is your master lol.

hey whatever it take imo lol

[NC7ProSe]

and if I slip and call him "Your Majesty", you know who I'll blame!

[NC7ProSe]

Hearing is over...Like Staci said earlier in the post, we had more assets than exemptions. Surprisingly, he didnt go for the house. Will report more in a little while, have to pick up son. Was not a bad outcome though...

[bkfiler]

oh poo poo on her. she not that good. makes stuff up all the time.

(just kidding, i love her too - shes terrific when shes not playing sims)

glad to hear you had a decent outcome. come back and let us know.

[StaciMM]

I'm curious to hear the details. I think the trustee is more likely to go for the easy money, and getting to equity in a house is not quick!

Hearing is over...Like Staci said earlier in the post, we had more assets than exemptions. Surprisingly, he didnt go for the house. Will report more in a little while, have to pick up son. Was not a bad outcome though...

[SinkingFast]

I'm curious to hear the details. I think the trustee is more likely to go for the easy money, and getting to equity in a house is not quick!

I read an interview with a Trustee at some website about that very thing. Trustees know immediately they are looking at 10% less than market value just on costs to sell alone. Generally, houses bring even less because people try to get them for a steal.

I'm guessing the Trustee was looking for cash somewhere and wanted to know if the boat was worth his/her while.

[FilingOnMyOwn]

Yeah some people associate 'boat' with 'money'. Funny thing is, not all boats are four winns or cost a months pay to fill the fuel tank. But I reiterate bkfilers original response, with an addition, all people should hire an attorney, but ESPECIALLY those who have anything to lose should have an attorney. I filed pro se myself, but had absolutely nothing to lose.

[NC7ProSe]

Sorry to take so long... here's what happened:

First of all, the Judge advised attys and trustees of a 10 min time limit due to full docket and anyone that would needed extra time had to come back later...

After an hour or so, they called us up. The Trustee told us to sit back down. Trustee said "argumentative case". Judge called for brief recess (10 mins). We thought we would be next but another atty came up. Our Trustee started going with our case until the opposing atty said "what case are you talking about?". He had to regroup and start over with her's. We then had to wait to be last (pretty similar to our 341). The Trustee recounted every move of our case, from "filing with deficiencies" to all of our assets (quoting $ figures on 401K's, IRA and college fund, pretty much everything) to how many times I amended schedules. He said "she countered my every move as if it were a chess game and this is not a game." The judge asked if I'd like to respond (my husband said he saw the color drain from my face and didnt know if I'd even be able to respond). But I did respond, stating my reasons for every amendment and the fact that I can't "counter" the unknown... my only counter action was my response to his objections. I said I never intended to play a game, was not "messing with him", just protecting what is allowed by law. Judge asked me for specifics on amendments which I explained. Judge then asked the Trustee what he was requesting. Trustee stated what he deemed due...

1) equity in car: 3500.00
2) cash on hand: 2662.00
3) his fees: 500.00
Total: 6662.00

Judge wanted to know about cash on hand and when I had used the funds. I used them after filing. He said had I written the checks prior to the filing, it would have been allowed but since I didnt, that was property of the bk estate. Judge asked the Trustee if he truly thought he could get that amount from the car at auction. Trustee said he did not know but price was reasonable. Trustee, still requesting 6662.00 states that we make 8000.00/mth which stumped us... I said "more like 4400.00 - he said oh you're right, my mistake...Judge then stated "I can rule on this now but you may elect to speak with the Trustee. You stand a better chance there as I only rule in favor of the court". My husband and I wanted to talk to the Trustee so the Jugde excused himself.

Boy what a difference when the Judge was out to the picture. He was so nice, human even. Trustee said "I left your kid's fund alone (13,000.00 college fund) and your 401k's and IRA (roughly 74,000.00 total) and I only assumed their ERISA status." I asked "what can we do here?" He said he would settle for 3000.00 total - also wants our tax refund. We told him that wouldnt be much since we changed our withholding... he said whatever it is, be it nothing or 1.00, send him the paperwork and refund if any. He said we can get the money from any place we choose such as from family, friends, credit cards, 401k loan or win the lottery... as long as we pay, no concern to him! He wants 1500.00 per month for Feb & Mar. Marked our case closed for his purposes.

He then turned to me and said "You filed the petition, correct?" I said yes. He said "You did a great job." He was going to say something else but Judge entered and "All Raise".

I'm thinking the rest of the filings must have really SUCKED!

[bkfiler]

im confused. the judge told you its better to work it out with the trustee?

isnt the trusttee the one that is having problems with your case? lol

and you are saying the trustee became nice after the judge told you to work it out with him?

these dynamics dont make sense to me.

what am i missing here?

also, can you restate what the trustee had problems with at the start?

[NC7ProSe]

Here's the Trustee's objections:
On 12/07, Trustee filed "Objection to Debtor's Claim of Exemptions", citing objections to 4962.00 worth of property (boat, trailer, timeshare, cash on hand <for bills> 2662.00) which he states I have exempted under a wildcard which wasn't available. He requested the funds as payment for his services since he hired his firm to represent him in our case.

Yes, the Judge said we should work it out with Trustee then he left the room... Yes, Trustee became nice after the judge told us to work it out with him

[bkfiler]

why wasnt it exempt?

why did you guys have to go to court if he became nice? wasnt he a asswipe before this? didnt he want to speak to you about it before going to court?

judge saying he is going torule in favor of the court makes no sense to me? any idea what he meant? court is unbiased. hes making money of it? lol

[NC7ProSe]

You have to keep in mind we filed Pro Se... I am certain that if we could've hired an atty, we wouldnt even have this problem. In my initial post, I admit he (trustee) was correct, no exemption left so I amended to use whatever was available. I sent him an email but he did not respond, that's why I pointed out that I couldn't "counter" the unknown... we never heard from him. He was a total ass at our 341, held us to all but last (meeting at 1:00, got out around 6:00 with a parking ticket). Said our "paperwork was fine but gave rise to questions".

[NC7ProSe]

"Quote" Judge then stated "I can rule on this now but you may elect to speak with the Trustee. You stand a better chance there as I only rule in favor of the court"

What we took this to mean is that the Trustee had us by all rights and the Judge can only rule on the facts which in our case where in favor of the court.

[bkfiler]

yes i understand that. but the trustee is not the court.

looks like the judge told us something lol