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    Katrina Devestated Area & Trustee Meeting ?? "s

    Yesterday at the Trustee Meeting I could not believe my ears! Court was set up in New Orleans and the 2 rooms were filled with people (65 cases) like myself and my husband. Everyone that was presented in front of the Trustee filing their Chapter 7's were asked the same questions of course.

    Almost everyone that did own a home had insurance claims against their insurance companies because of Hurricane Katrina. To my disbelief, the Trustee wanted to take the contents portion of their checks and the living expense checks from the insurance companies that were given to the chapter 7 filers. We are talking about people that lost everything. Clothes, furniture, beds, coats, pot and pans, plates, everything contents would pay for!

    I cant understand this. Is this really possible? She said if it was structual you could keep that portion of the check to rebuild or repair, but contents and living expenses were to go to her. I am in total shock over this and could not sleep over it last night.

    We filed Pro Se. I made errors. I have to file Amendments and have to turn them in within 10 days. Trustee, said that I had 50.00 on hand, she was entitled to it, and for our $2000.00 insurance check for living expenses. I wrote this in on the Schedule C report as expenses and that they were exempt with the codes next to it. She stated that these were not exempt and that I needed to Amend this. I found this info in the NOLA Book. What if I do not have the 2000.00 anymore. We had expenses! She also wanted our bank statements for the month the hurricane hit. She will want the monies that were in the account before any Fema and Red Cross monies were put in. I am totally confused in what to do with these Amendments and Why? Please help me figure this out.

    Also, I have been in the process of a class act medical law suit for 3years. They are about to settle and she said to turn that over to her also. I read that if this lawsuit was going on for over 2 years that this did not have to be turned in.

    I want to add, all other cases went rather smoothly, I thought our would also, but when we got up there, we were the 2nd to last case with no other people in the room, except one other and she really questioned us and said you cannot exempt everything. I am really confused. We were not hiding anything. We were very honest, but I think made errors that made us not look so good. She even commented that we chose to do this without a lawyer and this is what happens.


    Please share your wisdom!

    #2
    well lots of stuff in that post to talk about.

    in general yes they do take stuff like this. they can. but you can fight back maybe. i would get an attorney myself.
    Im not an attorney or a trustee. You cant trust me either though!

    [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
    [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
    [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
    [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

    Comment


      #3
      well, there are times when you have to justify why you are cancelling the bk. i never understood it. but you dont have the right to cancel all BKs to protect your assests. sounds strange. not sure if it applys to chap 7 or chap 13 or what. someone else will know.
      Im not an attorney or a trustee. You cant trust me either though!

      [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
      [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
      [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
      [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

      Comment


        #4
        Originally posted by rimi2001

        We filed Pro Se. I made errors. Please share your wisdom!

        Not saying you made a major mistake not having a lawyer, but getting one now might be in your VERY BEST interest...

        The trustees are acting VERY nasty now..I advise having legal rep with you..

        Comment


          #5
          would a lawyer take us on now since I already filed and had a meeting with the trustee? I am sick to my stomache and feel like we want to back out, we do not know what to do.

          The trutee also said that whatever monies were in the checking account before Fema monies were in there, she is entitled to that also. WHY DID SHE NOT DO THIS WITH OTHER CLIENTS?

          Comment


            #6
            Originally posted by rimi2001
            would a lawyer take us on now since I already filed and had a meeting with the trustee? I am sick to my stomache and feel like we want to back out, we do not know what to do.

            The trutee also said that whatever monies were in the checking account before Fema monies were in there, she is entitled to that also. WHY DID SHE NOT DO THIS WITH OTHER CLIENTS?


            Well, I think a lawyer may "Consider" taking you on, or "For a fee" show you what to do, say or not..

            As far as why the trustee did what they did, they alone know why..Maybe they saw something? Maybe they are finally realizing they can get $$$ from people or they think those who file "Pro Se" can't handle the stress...

            Comment


              #7
              an attorney will do anything for money. start calling around and asking as many as you can. setup appointments to come in and talk instead if you can.
              Im not an attorney or a trustee. You cant trust me either though!

              [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
              [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
              [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
              [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

              Comment


                #8
                I understand the trustees have to protect the creditors but in the case of the victims of Hurricane Katrina I think that is downright cold. You guys have suffered enough. What is the trustee going to do with your sofa assuming you still have it? I know they have been inundated with cases from Hurricane Katrina but so what that is their job. I also agree the trustees handling cases under the new law seem to be much more difficult to work with. Having said the trustee apparently feels you have assets in your case. Also, like it or not the trustees do tend to react differently when you are represented by an attorney. None of us liked paying them but maybe you should strongly considering hiring one. I am so glad we did. Our case ended up being decided by the U.S. Trustee and I frankly dont know how we would have managed on our own. Added to your case is the fact you made mistakes in your filing. Not blaming you necessarily but it may have set a precedent for the trustee. You can hire a lawyer even though your originally filed pro se and given what has transpired it may be the only way you can successfully get your case discharged. Good luck..

                Comment


                  #9
                  Yes, I definately feel the Trustee saw a way to make a feww $$'s off of our case, from my errors. I spent days and days and hours and hours prepairing and still screwed up. I am definately going to try and find a lawyer to help us out. I have to do this ASAP. They want our Amendments and copies of some our insurance papers - to make sure we did not have content monies coming in and they want our 2004 tax returns, within the next 8 days.

                  I just do not see how a Trustee can sleep at night doing what they do to people. If someone is trying to screw the system, I can understand that you cannot get away with that, but to hurt those that have been through the ringer already is down right immoral! What has this world come too?!!

                  Comment


                    #10
                    From what I can find on LA's exemptions... I'm guessing that since there is no exemption for cash on hand or a wild card, that is why the trustee is claiming the funds. Its a loophole-the money is meant to replace personal items (and personal items would be exempt) but since it is cash it is not exempt. Question-did they ask for what you had on hand at the time of filing, or for ALL the $$ you received for replacement items?

                    As for the lawsuit, I couldn't find anything about such a thing being exempt. I did find something about insurance proceeds from 'health, accident, or disability' being exempt under LA code 26:646, but it doesn't sound like something that would apply. (I think it is just proceeds from an insurance policy, and the way it reads, I don't think it applies to natural disaster insurance.)

                    In all honesty, the LA exemptions are sub-standard when compared to most states. There is nothing for a wild card, and no provision for ANY cash on hand. PRetty much, if you had $.02 in a bank account and filed-the trustee could ask for it. The only POSITIVE thing I see in the exemptions list is something that makes property of a minor child exempt. I think that should be in all states, and there should be some federally set minimums. I realize BK is a fresh start, and would never expect BK to let a person keep all they have-but there should be more in place to protect from greedy trustees.
                    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                    Comment


                      #11
                      Yes, that blows me away regarding home contents being exempt, but if you have cash to purchase what you no longer have, they want it. Makes sense?

                      She did ask to see our Oct. bank statements. She is going to want what was in the bank at the time of filing minus the Fema and Red Cross money.

                      I thought I read the info. regarding lawsuits in the NOLA book, I must have had a dream, I cannot find it either. The Chapter 7 is making me very stressed!

                      Comment


                        #12
                        DISCLAIMER: I wouldn't suggest doing this UNLESS you spoke to an attorney and they agreed that it would work.

                        Find out if failing to submit the info will get your case dismissed. I'm thinking it would, but checking w/ an attorney first is needed as I could easily be wrong. (If the trustee can file contempt charges or something similar for not turning in the info, that course of action may not improve your situation.)

                        Anyhow-if you can get the case dismissed you could probably refile. And, do so after things settle regarding insurance, etc. (Of course-depending on the old lawsuit, that may or may not be in your best interest.)
                        Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                        Comment


                          #13
                          Staci,

                          DISCLAIMER: I wouldn't suggest doing this UNLESS you spoke to an attorney and they agreed that it would work.

                          What do you mean by the above statement? Turning in my bank statement for that month? I did it that day of the meeting, I had it with me already.

                          what if we turned this into a chapter 13? Would we be able to keep the law suit settlement, our insurance living expenses, and cash on hand in our checking account?

                          Comment


                            #14
                            I meant that if the trustee requested additional info, you MIGHT be dismissed eventually if you didn't give all that was asked for. I don't know for sure-so its not something I'd recommend anyone aim for without getting some legal advice.

                            If you have income to convert to a 13 you generally don't lose anything but the amount of non-exempt assets would set a minimum amount that would need to go to your unsecured creditors.

                            Example-you have $10,000 in non-exempt assets, and you do a 36 month plan. At least $277.78 per month would need to go to unsecured creditors. Your payment would be more than that, though, as there is a trustee fee involved and possibly a fee for your attorney. In the end, it can impact how many months you have to pay (assuming your 7 was filed before 10/17-if not, 5 years is the only option). If you did file before 10/17, and you could only pay $250/mo TOTAL into the plan, then you could propose a longer plan to meet the $10,000.
                            Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                            Comment


                              #15
                              Thanks Staci, You are very helpful. I understand what you are saying now.

                              I do not know if I am being paranoid or something, but we were # 63 out of 65 cases and for the 25 or so that we sat through, with lawyers, I will add, she did not do this. She was even interested in our car. It is a 5 year old car, it is now paid for and luckily, (if you want to call it that), when we evactuated from the hurricane, we were in a car accident and damaged it up a bit. She was fishing for it though. I was very honest with my paperwork and answers, but she seemed to not believe us, she really harped us. And said , oh well, it was your choice not to have a lawyer. Becuase I told her I did not understand what she was saying.

                              I think it had to do with that we filed without a lawyer and only 1 man was left in the whole room. I have a lawsuit pending, which I never heard of anyone else having, we showed living expense insurance income, which no one else did from what we heard and we were easy targets. It is sad to say, but if we did not show the 2000k on the exempt form Sched c, she would have never known about it. She saw that she could make a few $$'s from us.

                              If we have to pay all of this money to the Trustee, we might as well file Chapter 13 and pay it back slowly or get it dismissed if we can, and do a debt consolidation or settle with the companies.

                              I called approx. 10 lawyers this morning and not one call back. I am so nervous about what to do.

                              Comment

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