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2 days before objections done shocker!!

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    #1

    2 days before objections done shocker!!

    It looks like they do work on the weekends. Our last day of objections was to be 1/9/06. We had gotten a letter from the US trustee a few weeks before Christmas wanting answers to 20 or so questions including how we got ourselves into our debt mess. We supplied her with everything weeks ago. I kept watching those Pacer dates--nothing had changed. Hubby and I got a little happy after we checked the mail yesterday. We thought we had 1 more day to go, and then around dinnertime yesterday (1/7/06), I looked on Pacer again and what do you know? The date said 1/7/06, so I pulled the document up and there it was: Trustee's Notice of Assets!!

    So did they purposely wait until the weekend or what? Sheesh. We filed pro se 10/14, had our 341, which went smoothly (we thought) 11/10. Does this mean they will try to force us into a Chapter 13 and what are our options? I am just stunned. . .
    Last edited by renee49; 01-08-2006, 06:39 AM.
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    #2
    Well, depends on what the trustee sees that you may have overlooked..Or that the trustee feels there's $$$$ to be had....

    What were the questions?

    What does the "Notice of Assets" say? (I suspect they are seeing something valuable or that you missed some things)

    Sirry, took me a bit of searching to find it...Yes, it does not look good....

    Notice of Assets United States Bankruptcy Court - District of N.J.
    NOTICE OF ASSETS
    This event should only be used when assets are found in a case that is designated as NO ASSET. This event triggers a BNC notice to all creditors which provides a bar date for filing claims. In ASSET cases and cases that convert from Chapter 11 to Chapter 7, the bar date for filing claims is provided in the Notice Appointing Trustee and Scheduling 341 Meeting. Using this event in an ASSET case will generate conflicting bar dates.
    Last edited by Genenco; 01-08-2006, 07:09 AM.

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      #3

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        #4
        Hmmm...Obviously, the trustee feels there's $$$ to be had from you...

        I think a letter (Or a call) to the trustee is in order for this...

        It could be (By reading your response) that the trustee feels you don't need that 1996 AstroVan as you "Work at home" Therefore, they'd want that (Or cash equivlient) as an "Asset"

        If you can, $50-$100 to a lawyer would answer this...And maybe how to respond...

        Comment

          #5
          possible asset

          We also recieved a simiar letter. Our attorney told us that the trustee wants to go after the $$$ that we have in a 403B/401K. We thought that it was exempt...guess not.

          Do you have a 403B or 401K??

          Comment

            #6
            no 403 or 401k. I am going to call the trustee tomorrow to see what this is a about. If its the van they want, they can have it. the transmission is going to go on it and its not worth squat. Maybe they think there is something there since it has low mileage (82000 miles). I just think it is pretty rotten to wait until 2 days before last day of objections and over the weekend to do this but I guess its business. . . suck them dry and leave them poorer.

            Comment

              #7
              its the trustee's method of making money. dont worry. but dont give in. if you have an attorney then see him right away about this.

              work the process to your benifit. he has to fight to take something as well. regardless of thta he is not pushing for a chap 13 so dont worry.
              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
                thanks. I needed to hear that, although I'm a born worrier. I did look at hubby's pay stubs just now and he started a 401k on October 2 pay period. It was listed on our paperwork at 35 a week, which amounts to 525 total as of this Friday. I guess because it was such a small amount I didn't think anything of it. Surely, they aren't after that, are they?

                We filed pro se. I'll just wait to see what he says when I call them.

                Comment

                  #9
                  no idea. if they didnt mention it then no one can know.

                  dont forget that everythign else moves forward with the discharges. they are just looking around to see if they can get something. they need to get paid too lol. make them work for it
                  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

                    #10
                    we will definitely make them work for it. I felt like we had been through you know where and back up until and during our 341, which was a breeze, and now I'm back you know where again.

                    I thought the discharge process would stop because of this notice, so that is great to know things will go ahead tomorrow. Do you think if I take him a homemade rumcake that he'll just leave us alone?

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                      #11
                      This is just my $0.02. I have a friend with a similar situation. She filed for a bk7 (pro se), and the trustee is going after her 401k, which I would have assumed would be exempt. I don't get it though. In her case, I think the trustee is going after everything she put into the account within the 6 months of filing. Let us know what happens when you talk with the trustee. Good luck!!!

                      Comment

                        #12
                        okay--hubby and were just having coffee and talking about this and it dawned on us at the same time.

                        At our 341, everyone in there got a flier reminding us pretty bluntly to send a copy of our income tax to the trustee and not to cash our refund checks because he was taking them. We also got a letter in the mail to that same effect right before Christmas that also said if we failed to turn over our refund we could be fined. Well, in our case, we aren't getting a refund because we owe back taxes from 2003 and have an installment agreement with the IRS, which we also included with the paperwork the US trustee wanted copies of. Our refunds are usually around $4000 or so. So wanting the van makes perfect sense since that is about what its worth before repairs. Oh my gosh!! Those vultures!! I sure hope that is what it is.

                        Comment

                          #13
                          I will definitely let you know what happens. All that is in hubby's 401k is $525 so if he wants it he can have it. The van on the other hand is a different matter. He'll have to fight for that one. My gloves are on!

                          Comment

                            #14
                            Ummm..I'd take off the gloves..The trustee CAN make your life hell if you fight them...

                            MAke the call and see what it is they want....

                            Comment

                              #15
                              They're not really on. We want this all behind us as soon as possible.

                              Comment

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