341 Over with -- Trustee laughed at creditor that showed up!!!!!

[Jengo]

BWAHAHAHAHAHA !!!!!!!

Some very good news potentially in regards to my husband and this nasty group of people that I've written about before on the board. Although Trustee said that he will leave my 341 open and potentially dragging us all the way back for more questioning if necessary which I don't care about because these people have nothing, not a leg to stand on. I do expect another meeting potentially on one possible issue and that was a signed declaration from almost 6 months ago stating that I was living with my husband's home 3 to 4 days a week and I referred to it as our home in the named city.

This prior law firm that I retained is trying to establish community debt so they can go after my husband, although he signed nothing in regards to retaining them. I'm the only one that signed the retainer agreement. They included him on the lawsuit in regards to community debt. BUT if brought back and questioned about that signed declaration, it can be explained. We were going through a massive family crisis and I was staying periodically at his residence to help our son get through the crisis as well as staying at extended family member homes. When going through a major crisis, family units including extended family will pull together tightly to get through it and this is why I was staying at my husband's home 3 to 4 days a week, to help my son. I called it our home because it is family. I consider his home my home, just as I consider my dad's home my home, etc. It is my family.

The meeting with the creditor lasted about 15 minutes wherein the Trustee laughed several times at this creditor. The TT asked him what he thought this meeting was for. The creditor said community debt and to uncover other assets and that he believes there is a hidden asset in regards to my husband and a house that my husband may own which is a lie; there is no home bought. The TT looked at him and said, "The husband is not included on this petition. Looking at her petition, this debtor has no assets." The creditor then stated, "Well, we tried to serve her at her home in which she either evaded or is no longer living at the home and we believe she is living with her husband." The TT asked me for my address again which I stated which is different from my husband's address. The TT asked me if I was legally separated. I said yes and then I said, "Wait, we are not legally separated but we are separated." The TT asked me how long we had been separated and I said three years.

The TT asked me what the prior lawsuit was for and why I retained them and I told him what it was for, no monetary value and our getting paid for it. It was something else. The TT asked the creditor what the fees were for and the creditor said legal fees. The TT said, You are aware that your fees are dischargeable and the creditor said yes.

The Motion for Relief of Stay was brought up and the TT laughed and said you can't be serious and questioned the creditor and laughed a few times. My attorney told the TT that it hadn't even been filed yet and there was no record of it being filed with the Court. And the TT said "What? It hasn't been filed?" And then stated that he doesn't review any motions for relief of stay in regards to the creditors meeting. Not sure if the freakin' motion for relief of stay was even filed now. It doesn't seem like it was.

The TT asked me if this prior legal representation was hired to represent the family. At first I said yes thinking of my family being myself and my son. I then said, "No, not my family. He was hired to represent myself and my son; I was the only one that signed the retainer agreement."

The creditor tried again to state that I was living with my husband, showing community debt and assets. The TT said again, "She has already stated twice her residence which is the same that is listed in her petition." The creditor said again, "Well, we believe she is living at another address because we tried to serve her." The TT was becoming obviously irritated with the creditor. The TT looked at me and said again state your address and I stated it again. The TT then looked at the creditor with a look on his face of, come on, this is ridiculous.

The creditor brought up, "We tried to serve her and she evaded." The TT said, "And? So what."

Every single argument the creditor tried to bring up was shot down. The TT obviously irritated at the whole situation with this creditor and dragging me through all the BS which over half of what was argued wasn't even in regards to assets but this creditor trying to prove community debt and to be able to go after my husband because he was named in the lawsuit. The TT then asked him, "How much has this debtor paid to you?" The creditor said, "About $100 a month," which is another lie because this creditor knows there's preferential payments in regards to him and the TT can go after him for those payments and distributing it to all my other creditors so this creditor would be out even more money. The TT then said sarcastically, "And here she is filing for bankruptcy." Basically telling this creditor, "What did you expect." And then the TT snickered.

The TT then said to the creditor, "If you have any further questions, address them to her attorney and her attorney will respond (my attorney said yes, I will) or address them to me." Then the TT said, "I'm going to leave this meeting open, just in case (looking at the creditor half assedly) we have to drag (the TT added emphasis on the word drag) everyone back here for more questions and then said this meeting is over with. The TT gave me my licence back and my 1099 and said you are excused. Even the TT's assistant there, looked at me as if to say, "You poor thing and having to go through that."

This a-hole creditor got up from the table and was extremely upset. Pretty much stomped his feet while walking away from the table. I gathered my things and got up from the table. I turned around and this creditor was staring me down and obviously upset. I didn't even look at him. I walked over and sat in the front row to organize my stuff. I didn't want to walk out with this a-hole. I waited a bit. I got up and began to walk out and there was another lady waiting to be called, she smiled approvingly and gave me a wink. I walked down stairs because I knew this a-hole crooked creditor was waiting for me. When I got to the first floor of the court building and heading through the security area, I saw him again standing there and looking at me. He again stomped his feet like a child would and headed for the front door of the court house. We weren't parked in the same area thankfully. The a-hole parked in the court house parking structure directly in front of me. I made a quick right because I was parked on the street.

I am so glad this aspect is OVER with. This creditor can still file whatever he wants until the creditor deadline for objections which I think is 60 days after the 341 hearing. I have nothing to hide. But it seems very obvious and how today went that this creditor is going to have an uphill battle in regards to going after my husband but I guess I will soon see !!!!!!!!!! Also a very good thing is that this creditor obviously pissed off my TT. Not a very good impression to make I take it. Bwhahahahah!!!

[blondeinmn]

Did you file married filing singly with declaration of separate households? Is that what the creditor was trying to argue? That your husbands assets and income should be included because the creditor claims you are still living with your husband?

[Jengo]

Did you file married filing singly with declaration of separate households? Is that what the creditor was trying to argue? That your husbands assets and income should be included because the creditor claims you are still living with your husband?

I filed single head of household under separated with one dependent with documented proof of separate households for three years showing we are not together. The creditor tried to establish that I was hiding assets because I was married and that all of my husband's property would be considered mine, inclusive of this mysterious house he says that my husband owns which I have no clue where he gets that from other than a last ditch attempt to get the TT suspicious. The TT asked me if he owned a house and I told him no. The TT said, well, that you're aware of considering we've been separated for three years. Despite this, the debt was incurred by me two years after we separated.

The creditor attempted to claim that I was not living at my current address but that I was living with my husband and this was the reason for the constant restating of my address. When this angle did not work with the TT, the creditor then resorted trying to claim that I had additional monies coming into the home because my mother lives with me to help me with my son and paying half of all living expenses. The TT then asked, "How many people reside within the unit and their names," and I told him who they were. The creditor said, "She is sharing rent and utilities," basically trying to establish that I had more disposable income and that I lied on my petition. The TT asked me about this and I said it is listed under family contribution of X amount of dollars. At this point, the look that the TT gave the creditor was that of irritation and the nerve of this creditor to try to do whatever he could to establish I was lying and with holding potential assets on my petition.

It truly was a fiasco and this creditor made a complete fool of himself in front of everyone in the room and the TT made sure that he looked like the ass that he truly was and is and TT was quite honestly disgusted with what he was trying to do and his irritation with him became very apparent.

After getting home, I talked with my attorney and thanking him and this is what he said in summary: That he thinks today went well. Mr. XX is facing a very uphill battle in his quest. As you could tell, I have a very good relationship with the trustee Mr. XX. I usually let him do the slap down on stupid creditors like Mr. XX today. Either way, you should be fine and I do not anticipate anything coming from Mr. XX's huffing and puffing

The TT also brought up that it was not a joint filing so what my husband has is irrelevant since we are separated. They're trying to claim that although I am separated and have been for three years that everything is community asset and community debt, his income, his property and so forth is also mine at my disposal, despite the tremendous documentation showing nothing has been shared inclusive of all debt/creditors in my petition (his debt is his debt), no accounts together, separate addresses, nothing co-signed, etc., despite my filing under separated and stating to the TT that we've been separated for three years.

Although exhausted today, I can't help but laugh and smile. Freedom looks to be coming soon for me and getting rid of this very nasty crooked creditor.

[blondeinmn]

Did the trustee ask for proof of your separation or was it the creditor? Are you in a community property state? Congrats on the succesful outcome of your 341.

[Jengo]

Did the trustee ask for proof of your separation or was it the creditor? Are you in a community property state? Congrats on the succesful outcome of your 341.

Neither has asked for proof of separation other than it has been well documented in the paperwork submitted for the petition that we are separated and all debts are separate, no checking and saving accounts together, etc. I told the TT that we are not legally separated but we are separated. If it is asked for inclusive of the signed declaration that states we've been separated, I have maintained a separate residence from lease agreements where he is not a named lessee vice versa for my husband. It is a community property state but it is very loose. Given the history and the amount of documentation that can be provided that we are not together, it is very arguable. Even if they do a search on my husband, they won't find anything because there is no home that was bought and he has very little assets with a large amount of debt. What he has is exemptable. My husband will also be filing for Chp 13 with the same law firm I am with so the law firm already knows what assets he has and doesn't have. LMAO. Hence, it is going to be a very uphill battle in his quest. The fact that this creditor is unsecured, he can scream and cry all he wants of how unfair it is and trying to prove that I am hiding assets, etc. Plus the more he continues to object and filing motions it is more money out of his pocket which quite honestly what I know of this creditor it is money he doesn't have.

People file all the time under separated in my state and difficult to claim that every single penny and property the estranged spouse has is MINE, MINE, MINE and I am entitled to all of it.