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Yeah-discharged!!! Questions about proceeds from our asset?

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    #16
    The purpose for taking the property is for the benefit of the creditors per the BK code. It is not to be punative. With $5800 of $6000 exempted and $2000 for the auctioneer how does a creditor benefit? There is nothing for the trustee to get a cut. I would be asking my attorney to call the trustee and enquire about getting my camper back or contest the trustee being paid for this when he applies to the judge for compensation. The panel trustee reports to the US Trustee and to the BK judge and s/he should be held accountable. IMHO
    Lawyer - $3000
    Filing fee - $299
    Fresh Start - Priceless

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      #17
      Originally posted by jst4f View Post
      The purpose for taking the property is for the benefit of the creditors per the BK code. It is not to be punative. With $5800 of $6000 exempted and $2000 for the auctioneer how does a creditor benefit? There is nothing for the trustee to get a cut. I would be asking my attorney to call the trustee and enquire about getting my camper back or contest the trustee being paid for this when he applies to the judge for compensation. The panel trustee reports to the US Trustee and to the BK judge and s/he should be held accountable. IMHO
      I strongly agree. We having become an asset case, and such complete ignorant boobs, lost about 4k to the Trustee and his lawyer. We did not complain as we should have been dismissed for our total ignorance. This is why we stay, to help others and educate the best we can.

      You have a strong case, if you are discharged at this time as you are, go for the throat. You have nothing to lose. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #18
        Originally posted by jst4f View Post
        The purpose for taking the property is for the benefit of the creditors per the BK code. It is not to be punative. With $5800 of $6000 exempted and $2000 for the auctioneer how does a creditor benefit? There is nothing for the trustee to get a cut. I would be asking my attorney to call the trustee and enquire about getting my camper back or contest the trustee being paid for this when he applies to the judge for compensation. The panel trustee reports to the US Trustee and to the BK judge and s/he should be held accountable. IMHO
        THANK YOU. This is what I'm saying, even if perhaps my words are not as eloquent as they could be.

        People mention that we should be so happy to discharge our debts that anything else that happens doesn't matter. I disagree. I think the law should be the law and the tt's shouldn't be able to dance around it in this way.

        This is NOT the first time this has come up. Especially in FL.
        If I were a lawyer, being the muckraker I am, I'd institute a study on this. It's SOME kind of fraud. There's that whole "smell test" thing-- it should work both ways.

        Keep On Smilin'

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          #19
          Okay, I questioned my attorney via email and asked her to look into this. It looks like an exemption is an exemption after all. For that, we are thankful. Here was her response. Soli Deo Gloria!

          The camper was sold for $6,600. You will be paid $5,879 of that amount, and the auctioneer will get the rest, since it didn't sell for what they expected. The auctioneer thought he could get 12K for it. I spoke to the Trustee today, and he will be cutting your check in the next couple of days.

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            #20
            EXCELLENT!!!
            I hope that other debtors in your situation will be as assertive for their rights as you.
            Congratulations and thanks for the followup!

            Keep On Smilin'

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              #21
              So ultimately, what was the point lol.... this is why there should be a minimum bid, know what I mean?

              Keep On Smilin'

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                #22
                COOOOOOOOOOLLLLLLLLLLLLL!!!!!!!!!!!!!!!

                i hope you don't miss your camper that much all for nothing!!!

                except you got some cash!
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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