Can I cry???

[FlaMama]

First off, Hi, I'm FlaMama and I'm new around here. I post on another credit-type board and recognize some of your names. Anyway, I'm in the 60 day club right now but it's not going so swell. Actually, it's not going good at all.

Filed 10/13
Got letter in mail from trustee wanting our firstborn, I mean tax papers from the last 3 years, pics of our cars, copies of ins policies, all bank statements from the last 12 months, fun stuff like that. At our 341 I find out our trustee requested that info from everyone. Whew.
341 was 12/15
341 was uneventful. Only issue was when we had to swear that our petition was correct, well, it wasn't. Our atty somehow posted 2 copies of our household inventory, so we told the trustee and he said to make sure to get it ammended. We had faxed our atty about 2 days prior to the 341 about this but he didn't show up with the fax. Anyway, next day the trustee's office calls our atty and said something like "everything was fine, just get our petition ammended". We assumed since we had ALREADY faxed our atty a letter to correct our petition, that it got gone. WRONG. Not done!!

Last week we noticed on Pacer some activity, some of which we couldn't access, but the key things we saw were:
-Trustee makes himself atty over our case
-Trustee objects to exemptions (means he thinks we have assets??)
-Notice fixing time for filing claims to APRIL! (our old discharge date was Feb)

Now, in the mail we have gotten the thing that says the trustee is the atty and the filing claims one. We haven't gotten the objections one yet.

I called our atty, he is mailing out a new copy of schedule B for us to fill out and fax back.

Does this make sense? Does it sound the like the reason the trustee is picking on us is because we didn't get the petition ammended yet and so it looks like we have twice the amount of personal exemptions then we should have? (we are fla and get $1000 per person). We live in a modest home and make a modest income, so I don't think it's like he thinks we are hiding Picassos.

Thanks guys!!!!

[bkfiler]

yes, your attorney is an a-hole. he has caused you additional grief for not.

the trustee has no choice but to do what he is doing. even if both of you know better. he cant let illegal exemptions go through the system.

your attorney is a knob head. contact him daily and make sure he is doing what you need. its his problem.

[StaciMM]

It sounds like the doubled schedule is the issue.

Look at it this way-if you have $7500 in stuff, covered by $10000 in exemptions, but listed that you have $15000 in stuff, the trustee is going to want the extra $5000.

[StaciMM]

Or even take the corrected form down to the BK court and file it yourself. It should not cost anything, and then you KNOW its done.

[FlaMama]

Thanks for the quick replies. If I get the petition ammended next week, what happens next? Should I contact the trustee's office? Can the trustee cancel the objections?

[FlaMama]

Also, what is the next step, will I get a letter saying he hired an appraiser? Can I stop this? Do I get advance notice of the appraiser coming? Can I object to the values? ( most of our stuff is 7-10 yrs old). UGG

[bkfiler]

if thats what it is then the motion will be withdrawn and dismissed.

i wouldnt do it myself. make the attorney do it. thats his job. keep calling. keep checking.

[bkfiler]

get the exemptions taken care of by the attorney and you wont have a problem if thats what the issue is.

[FlaMama]

Thanks guys!

[Anassa613]

I wish you the best of luck