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Minny - Update!!!

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    Minny - Update!!!

    Okay some of you asked some questions about my case and why it is still open....... So I will update you on the situation and what's still going on.... and what's pending!

    Case Discharged Oct 2004 - but case not Closed.
    Auction is over - home was sold (I bought it back from buyer)...

    Now that all is over the Trustee still has not closed my case....

    1. He is in the process of filing his reports with the Court of the outcome of the auction and his expenses he incurred.
    2. He has not reported to the Court where the income he received went....... he only reported that the mortgage company (an unsecured credior) received 50% (?) of the proceeds of the auction, and how much he and the auctioneer were to be paid for their services. (Quite a chunk too - WE ARE ALL IN THE WRONG BUSINESS!!!!!
    3. He did not report to the Court that he sold a storage building at the auction that DID NOT BELONG TO ME....
    4. He has not reported to the court that he confiscated insurance checks from me on the day of the auction.
    5. He did not report to the court that he sold stove, frig, dishwsher at auction that were exempt.
    6. He is still holding open my case - 447 days past discharge and the case is still open....

    I am waiting for his final report to the Court.......

    I believe he is waiting to see if I file suit against the parties involved for their clerical errors. As long as my case is still open - that income would become an asset to me - like lottery, or inheirtance, ...... and he could go after it if he so desired.

    Also, he can come in and claim my income tax refund if he wants too..... H***, he's probably looking at that too!!!

    Believe me, when I say "THE LONG ARM OF THE TRUSTEE" can do many things......no questions asked....

    But, I for one, am aware that he too has a BOSS..... The trustee too - has guidelines and rules to follow - and mine has stepped over the line in a couple of areas.

    But legally, I can't do ANYTHING until the case is closed.

    As long as my case is OPEN, the trustee is involved in my life and my (sorry) attorney, is still involved in the case.....

    My case has to be CLOSED and everyone relieved of their duties to protect MY INTEREST when I file suit against the parties involved. Thus being the bank, the mortgage company, title company, attorney, and possibly the Trustee....

    So everything is at a STANDSTILL - till I can get my case closed, and they are in no hurry to do that.....

    To tell you how STUPID THE MORTGAGE COMPANY IS - they are still sending me quarterly statements, new payment books, etc and I haven't owned the home since August of 2004..... Now is that not STUPID........ WHERE DO THEY HIRE THESE PEOPLE................

    I'm glad their not running any business I would own......

    SOOOOOOOOOO, I am waiting them out!!!!!

    BUT IN THE END - I WILL PREVAIL..................... It's called "time to pay the piper"............ and I'M THE PIPER!!!

    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    #2
    hang in there minny! one day at a time.
    Im not an attorney or a trustee. You cant trust me either though!

    [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
    [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
    [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
    [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

    Comment


      #3
      wow...all that really sucks.
      Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
      Who it was we were below, where we've been and where we go

      Comment


        #4
        Yeah It Does................... Believe Me, I Know!!!!!!

        But I'm A Patient Soul..........................
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment


          #5
          wouldnt it be easier to beat him sensless with a pillow and then move into his home instead since he wont be using it anylonger?

          just a thought.
          Im not an attorney or a trustee. You cant trust me either though!

          [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
          [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
          [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
          [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

          Comment


            #6
            Minny - I am so sorry you are having to deal with all of that...how long can they keep the case open? And what a bummer to have an inept lawyer on top of it. Are you inhaling valium chewables? The judge is the trustee's boss ...any way to break through that legal stronghold?

            Comment


              #7
              i dont think the judge is the trustees boss. i think it goes like this...

              Trustee - applys to the Office of the US Trustee for a position
              US Trustee - one per district - each gets nominated by the US Attorney General
              US Attorney General
              Minny's Beating-Stick - used to beatdown any remaining survivors of the pending lawsuit
              Last edited by bkfiler; 01-20-2006, 10:16 AM.
              Im not an attorney or a trustee. You cant trust me either though!

              [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
              [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
              [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
              [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

              Comment


                #8
                Edwards2,
                No way to really break thru it all till the case is closed......
                And then again - the trustee can re-open the case up to one year if he desires too and petitions the court.

                The trustee is appointed by the judge, but is overseen by the US Trustee.... ALL THESE GUYS GOT BOSSES TOO!!!

                IF YOU WANT RESULTS - you start at the top in DC..... and let them cut their throats all the way down the line
                and everybody has to explain WHY HIS GUY DID THIS OR THAT!!!

                I LOVE TO SEE HEADS ROLL!!!!!!

                Whats going to be interesting is when the Trustee is confronted for "selling" someone else's personal property besides mine at the auction...... That would be like me coming and getting your vehicle and selling it, sticking the money in my pocket.....whether you liked it or not....

                They think because I'm a tired old woman, I will not do anything about their actions...............WRONG ASSUMPTION!!!!

                YES, I will sue, Yes, I will make WAVES....... from the top of the system (Attorney General) right down to the Trustee......

                And yes, the Trustee better be explaining what happened to EVERY DIME he took from me and where it went...... its called accountability.... and he best be explaining why he is not reporting to the court about insurance checks he stuffed in his pockets, and selling property he had no legal right to sell...... at the auction. (the petition specified certain items only)....

                Should be real interesting when it all comes down the pipeline............. would love to be a mouse in a pocket!!

                I will be glad when I can get this all started and watch it play out..............
                Minny

                "It's amazing the paths that our feet sometimes follow in life".

                My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                Comment


                  #9
                  "To tell you how STUPID THE MORTGAGE COMPANY IS - they are still sending me quarterly statements, new payment books, etc and I haven't owned the home since August of 2004..... Now is that not STUPID........ WHERE DO THEY HIRE THESE PEOPLE................

                  I'm glad their not running any business I would own......"




                  This is a big reason why when people feel shame coming to this forum ask if any of us feel guilty about this my answer is pretty much a big NO. Some of these banks really are just too stupid. I had similar situations years ago with them on things like this and they don't update their records. If they had quality people and put more effort into their business then they would reduce some of their losses.

                  Comment


                    #10
                    Minny - I think I would wait until the last possible minute to file my taxes too. Maybe he will forget, worth a shot,especially if he may get it anyway. I would go ahead and have them prepared but I wouldn't file them. Just a suggestion.
                    I'll be watching, you may never know when or how, but I'll be there. I am there now....

                    Comment


                      #11
                      Sunshine08,

                      Already a step ahead of ya!!! Not filing yet, in fact filing an extension, lol......

                      Told you I was a patient soul..............

                      I will wait the Trustee out..... now that the auction is over and the Trustee has seized all funds, the judge will call a hearing again soon "if the case is not closed".... The judge will want to know why???

                      Remember, Trustees have bosses too!!!! My judge has already called for one hearing on the status of the case last July..... he wanted to know why the case was not closed then (the house had not been auctioned yet)....

                      But now that all that is over, no reason for the Trustee to keep the case open any longer.......

                      GOOD THINGS come to those that have patience and wait!
                      Minny

                      "It's amazing the paths that our feet sometimes follow in life".

                      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                      Comment

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