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    worried about dismisal

    Help, Ive filed for Bankruptcy,went to my hearing and all they requested were the last 6months of bankstatements. now I get a letter forwarded from the trustee via my attorney, that says if i dont comply with a large list of documents that a dismisal is pending. My hearing was about11-6-06 with contingent hearing on Dec21 that I was told by the court I need not be there and it was at this time that the bankstatements were requested. Ive heard nothing till yesterday 1-8-07. What Does all this mean my attorney is out of the office and very diffucult to reach

    #2
    I see you are in NY - did you own a business? Is this request coming from the US Trustee?

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      #3
      Originally posted by LostinNY View Post
      Help, Ive filed for Bankruptcy,went to my hearing and all they requested were the last 6months of bankstatements. now I get a letter forwarded from the trustee via my attorney, that says if i dont comply with a large list of documents that a dismisal is pending. My hearing was about11-6-06 with contingent hearing on Dec21 that I was told by the court I need not be there and it was at this time that the bankstatements were requested. Ive heard nothing till yesterday 1-8-07. What Does all this mean my attorney is out of the office and very diffucult to reach

      Is he the only person at that office that can help because there should be someone who can answer cases in these situations at the office. But until you hear from them I would think u should start preparing that documentation.
      Discharged... 2/13/07 Closed... 2/20/07
      Ochard Bank $600 Household Bank $600
      Hooters Card $1000 Target Store Card $500
      Discover HSBC $300

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        #4
        Originally posted by LostinNY View Post
        ...now I get a letter forwarded from the trustee via my attorney, that says if i dont comply with a large list of documents that a dismisal is pending. ... What Does all this mean my attorney is out of the office and very diffucult to reach
        It means you had best start pulling together what you have or can get on their list of documents right now! Sometimes banks will charge a goodly sum to pull that information (old checking account records, etc). If that happens in your case and you can't afford to pay the charges, you can let the trustee know the costs - sometimes they will give you a break, sometimes not.

        Several other forum members have gotten requests like this from the US Trustee - try a search for "US trustee" to pull up some of those old threads. Also a former member named Wenderful had this happen to them - try searching for her posts related to their request from the US Trustee to get a long list of documents as well.

        This is serious stuff, especially if the US Trustee is involved. You need to do everything you can to comply with the court's request as soon as possible. If you can't raise your lawyer by phone, then make an office appointment with him/her to put your heads together about this immediately!
        Last edited by lrprn; 01-09-2007, 06:09 AM.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          BadGambler is another Member who's had this happen. The UST's office wanted to see CC statements, bank statements, and a whole bunch of other stuff going back 1 year.

          Usually, we see posts about these types of requests coming from Members who'd previously owned a business or had significant gambling losses in the year prior to filing.

          Gather together as much as you can while you're waiting for your attny to get back in the office. When your attny returns, ask about what to do for things on the list you do not have.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            Also, did you owe over 100k in charge card debt? That's another one that typically triggers a form letter. I know of a few people that got questioned by the US Trustee but after answering most/all of the questions the cases were discharged.

            It's fairly standard if you had a ton of non-secured debt.

            Comment


              #7
              Originally posted by onlineuse View Post
              Also, did you owe over 100k in charge card debt? That's another one that typically triggers a form letter. I know of a few people that got questioned by the US Trustee but after answering most/all of the questions the cases were discharged.

              It's fairly standard if you had a ton of non-secured debt.

              Yep, this happened to us. We were asked for any and all documentation, including statements to explain the $125k of consumer debt that we were requesting to be discharged. We sent several years of tax statements, bank statements, credit card statements etc. the folder we sent was 8 inches thick and was divided, organized by date and account... The US trustee got the info less than a week before our 341 meeting, and the regular trustee at our 341 said that the US trustee had contacted him and said he was satisfied... and "since the US trustee is satisfied" he wasn't going to ask for any further documentation... "no asset case, you'll get your discharge in about 60 days, have a nice day."

              It PAYS to be organized.

              DO: try and contact the attorney... at least put in an "urgent" message for them to call you back ASAP.

              DON'T: wait for them to call back... start gathering anythying and everything that the letter you recieved has asked for... the worst you risk by starting now is wasting a little effort... the worst you risk by NOT starting now is a dismissal... and that would be bad.

              Good Luck!
              Filed Ch. 7 Pro-Se: 10/12/06
              341: 11/6/06 (went AMAZINGLY well!)
              Discharge: 1/12/07
              Closed:1/19/07

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