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    Contacting the trustess

    Am I allowed to contact the trustee?

    #2
    Welcome to the forum.

    If you are not represented by an attorney, "yes", you can reach out to your Trustee. The question is, what do you want to ask him/her?

    The trustee's role in a case depends upon which Chapter you file. You indicated that you filed Chapter 7. The trustee's job is to find and liquidate assets for the benefit of creditors. If there are no assets, his/her job is to monitor and close the case as soon as possible.

    Des.

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      #3
      Thanks, yes trustee asked for me to remove an unprotected asset.

      Comment


        #4
        I see that charleneand3 posted in the Pro Se forum area and filed without an attorney. Since you filed without an attorney you must perform all the tasks that the attorney would have performed. This included communicating with the Trustee and making sure you comply with all requirements of that specific Trustee as well as the requirements of the bankruptcy court.

        Some Chapter 7 Trustee may have a website which shows what they want to see before the 341 meeting, while others depend on what's in the notice of bankruptcy. There are certain things that the Chapter 7 Trustee generally wants to see before 7 days of the 341 Meeting.

        It reads as though, filing on your own, you listed an exemption against an asset to which there are no exemptions, or you listed the incorrect statutory (or constitutional) authority which allows said exemption.

        Does your bankruptcy district have a pro se (pro bono) clinic where you can get help?
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          I had to initially reach out to my trustee to see what I needed to provide because I knew there was some sort of deadline to provide documents. There was nothing I was sent from the trustee regarding the exemptions. I had my 341 on yesterday . I called the trustee this morning she stated my electronics items were not supposed to be listed as an exemption yes, she said she was updating the forms, for an exemption objection. Regarding legal aid I filled out the application and they called me 2 hours later and stated they would not be able to take the case because of conflict of interest. This is what they basically use in my district if they do not want to take on a case.

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            #6
            Legal Aid hardly ever provides bankruptcy help. I was suggesting asking the clerk of the bankruptcy court if they have a Pro Bono or Pro Se clinic. I don't know the name of the State where you reside, but Californium and Florida bankruptcy courts certainly have pro bono clinics.

            Because you are Pro Se, you aren't sent things that you need to know. You are required to know these things. It reads as though the Trustee is filing an Objection to Claim of Exemption which means you listed something incorrectly. While "electronics" may not have a one-for-one statutory exemption, depending on your State you may be able to include it under a "household items" exemption or a wildcard exemption. If none of this is making sense, then that is why I want you to find out if your bankruptcy court has a pro bono/se clinic.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              I reside in Louisiana unfortunately the state doesn’t offer the wildcard exemption. I filled out my forms through upsolve

              Comment


                #8
                I can't and won't provide you with legal advice because exemptions matter. Suffice it to say that Louisiana's personal property exemption includes household goods (which includes household electronics). Perhaps you exceeded the amount allowed under the personal property/household goods exemption. I can't tell and I can't say anyhow.

                You'll have to read the Trustee's objection and determine what they are concerned with. It could be that you used the wrong statute for the wrong thing, categorized the "electronics" incorrectly, or exceeded the exemption amount. You won't know until you see the objection.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment

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