Can we appeal Trustees decisions? HELP!!

[rimi2001]

Good advice! Thanks again.

And thanks for giving a shout out to the Prez in our honor! LoL

[bkadv]

Well, we were told that we could not have as much as 400.00 in our checking account on the day we filed. We had to submit our bank statement to the attorney on the Friday before we filed showing less than 100.00. I'm sure all states are different where it comes to assets. Asset and cash on hand are two different matters.
Cash on hand seems to not be allowed in my state. (Very little anyway!)

[SinkingFast]

The State we currently live in is that way. Between Cash on Hand and monies in the Bank Acct, you can only have $400, I think it is, total.

The State we came from doesn't have any rule about cash one way or the other. There's homestead, personal property, vehicles, and a couple of WildCards you can use any way you want. All the pension, workman's comp, etc, too of course. But no outright Cash limit.

[Minnymouth]

Okay,
What SinkingFast says is the best to do.

Write your letters - stating facts and what the Trustee is doing.....

Write a letter to the Trustee requesting a payment plan first........

THEN - get the other letter off to the Judge, US Trustee, and the Attorney General in Washington DC (who is over all Trustee's), AND YOUR CONGRESSMAN.

Let them know exactly what has happened in your case, how the money was spent, why you had funds in the bank and where they come from and what they were for....... MAKE SURE YOU THEY UNDERSTAND THAT YOU WERE A VICTIM OF THE HURRICANES AND FORCED TO EVACUATE AND RELOCATE....

Request from the Judge, US Trustee, and Attorney General that you are being "unjustly treated harshly and severely" by the Trustee OVER things that were completely out of control in your life.

By the way, Judges and Attorney Generals DO NOT LIKE Trustees that abuse their power.............

I'm sure there are some circumstances in bankrupties that are SET ASIDE BY THE COURTS - and this may be one of them.......

Nothing lost by trying, but work quickly......

Minny

PS - Send every letter certified mail............. keep good copies and records.....

But first pacify the Trustee by asking for a payment plan..... cover you ass to start out with.....

[edwards2]

This is so unfair but whoever said the trustees for the most part are fair. We were blessed to have one who had a heart...I agree with Minny and Sinkingfast...play nice at first and then take the gloves off.

[Minnymouth]

REMEMBER,
To a Trustee - IT'S HIS BREAD AND BUTTER - A JOB................
I'm sure he can use a new boat this year....................

[rimi2001]

Ok, this all sounds like good advice. We have a lot to do this weekend regarding this business.

We are actually thinking about calling it quits on this chapter 7 because my stress levels are through the roof. I am waiting for answers to my prayers. 10 thousand is a lot of money to hand over to someone, when that money could go toward the bills we put on the bk7. Crazy!!!!

Oh, I have a question. I know that the letters need to be written to all the above, but does everyone suggest sending the same letter that is going to the US trustee, judge and congressman, to the clerk of court, and our trustee? More understandable, does everyone involved get a copy? This is going to take some b---s to send to our Trustee.

Should asking the Trustee about how she came up with the 3,500.00 and a payment plan for it go into writing or a phone call? We also have an email, would this be a good idea?

Thanks for all replies, you guys have been awesome through this whole ordeal!

[SinkingFast]

I wouldn't question the Trustee on their number. For a couple reasons.

You already know approximately how the Trustee determined the figure.

You want a payment plan to "repay" the $$ you don't have on hand right now.

I don't know that I'd carbon copy the Trustee on the letter you send to the higher ups either.

Not that I would be afraid of saying anything to the Trustee's face. Personally, that's probably the way I'd think to go about it at first. It's the ethical way to handle the chain of command. You have a problem with your supervisor, you address it with the supervisor first. But in this case, the Trustee's job is to liquidate as much of your assets as possible. Translate,...... wring as much money out of you as possible to line their own pocket.

The BK community is very small. All the attnys, Trustees, and Judges know each other in a particular Court. I just think it better not to give the Trustee a "head's up" about what's going on. Don't give the Trustee a chance to schmooze their way around the issue before the people up the food chain can mull it over and think about it objectively.

That's my $0.02 worth. Will be interesting to see what others think.

[rimi2001]

The Trustee is just so damn intimidating! We have been very honest, yes mam, no mam, polite. And to think they just do not care! Oh, my blood boils to know that others were in worse situations than we were. To tell a family to turn in their $48,000 for their home contents insurance claim just amazes me! Trees fell on their home for Godsake! I wish that I could tell the higher ups all that we heard that day, but I guess that would be hear say and we need to focus on our case alone.

I know we were very nervous at the 341, but I really and truly believe I did not hear her say anything regarding turning in our taxes. She just wanted to see the forms from last year. She did tell others to turn them in and I even commented that on the way home that she did not ask us. We were actually the last of 65 cases to be seen and thought she was so tired out, she was ready to get us out of there. It was 8pm and a long day I am sure. We were tape recorded, would that even matter at this point. How would she know if we were recieving anything from taxes? Do the Trustees scrutinize that much?

[SinkingFast]

I've seen a post by someone where they filed for their taxes, set up for direct deposit, but didn't get the money. When the poster did a little checking into to it, they found that the IRS had indeed made the payment, but the Trustee had intercepted their income tax refund somehow. Instead of direct deposit to the BK filer, the money was sent straight to the Trustee.

I guess some Trustees are more adept than others, but you can bet they stay on top of what ever lines their pocket.

[AMISLANDER]

Sounds like your trustee is...

...out to f*ck with you....don't mean to sound graphic, but....when you did your 341 did you explain your status as a hurricane victim? That would have been major important, IMO.

Now, do you still have this $ in your account?

My next step, today, would be to find 3 lawyers you can get in to see ASAP, to explain your situation & find out (if you still have this $) if you can go & spend it on the things you need?!

[rimi2001]

The trustee knew about the hurricane. Everyone in that office on the last day of filing was affected some sort of way. We live in a nearby city that was hit very hard and not by a levee breaking, but by actual lake waters.

The money has already been spent on catching up with the mortgage and other necessary living expenses we needed at the time and the following months after we filed. We had 9 people in my home for months, when we normally have 3. That would say something right there. If the trustee would have even bothered looking, we were struggling majorly before the hurricane not being able to pay the bills. How in the world would we even be able to pay her monthly installments now. We are going to be in the same boat as before if we go through with this or we don't.

Does anyone know the procedures of cancelling a BK7 after being discharged. Is there such doing? Please Advise ASAP.

[Minnymouth]

Let me understand this............ You have been DISCHARGED from a Chapter 7 .... RIGHT??
Now you want to dismiss the Chapter 7? Because the Trustee found an asset ($10,000 hurricane funds) that he is after....

Good luck, because he will take it - no feelings on his part.......!! He's a cash and carry guy/girl!!!

I thought it was a "shame" when they the trustee took my home because of "clerical errors" but it is "HORRIFIC" that they would take the funds given to you thru insurance to rebuild your home/etc after a disaster.............

Talk about a bunch of "sumbags".............

Keep us posted

[SinkingFast]

I don't know that you can cancel a discharged Ch 7. Possibly because it ain't over until you're closed, as Minny well knows. So there may be a way to do it.

But do you have any idea of what you're talking about there??

All the Creditors who's debts were discharged in that Ch 7 will come back on you like flies on road kill on a hot July day.

And you cannot refile a Ch 7 for another EIGHT years. New Law.

You keep tossing out $10K, so I went back and looked. Unless you got your income tax refund and spent it already, seems all the Trustee could get from you right now, out of pocket, is the $3500.

Quit thinking about $10,000 and focus on the task at hand.

When you get the Tax Refund Check, you just hand that over. Yes it's money you coulda had, but you never really did so it's not like you're outa pocket anything there. Trustees take tax refunds from people every day. You're probably not gonna win that one.

The insurance settlement on the Phen Phen will come when it comes. You hand over that check then too. Again, it's money you coulda had, but it's not money outa pocket. Your as yet to be determined settlement was a part of your BK estate. Nothing you can do about keeping that from the Trustee.

The only money outa pocket that the Trustee is looking for from you right now is the $3500. And that is money that you can actively work to protect.

Don't think about the woulda been, coulda been, shoulda been. Think about the issue that in front of you in the here and now. The $3500.

No, I couldn't squeeze out a payment to the Trustee for that money either. But I could write the Trustee a nice letter asking for the payment plan while I'm writing a nasty letter to the Judge, the US Trustee, and everyone else Minny suggested. I'd even send a letter to W and Laura as well. Maybe even the FEMA Director and the Director of Home Land Security. Your Senators. Your Representatives. Anyone in a position of power you can think to CC the letter to, send it.

Just because you write the letter and go thru the motions of setting up the payment plan doesn't mean you'll ever have to make one payment. Some one above the Trustee may interceed on your behalf in the matter.