What is the name of your state? NY
Hello, I am in desperate need of advice. I will try to be as specific as possible without being too long. I filed for CH 7 on 10/12/2005 and already had the 341 meeting which went horribly bad!!
Everything started normal I was sworn in and the the trouble began when I answered to him that I had declared a bankruptcy before, 8 yrs ago joint with my husband. he frowned upon that fact. I am now declaring CH 7 on my own. The trustee got mad at many things: 1) got very upset when I answered that I had sold stock valued at $267("yes correct amnt not a typo") I had no Idea this was illegal or wrong. I had the worst possible advice by my attorney, when I had my consultation with him he adviced me to get rid of it but forgot to mention not to do it after I filed!!! I would have never done that if he had not suggested it. during the meeting the attorney did state that it was his oversight by not listing the stock but the trustee would not hear it. 2)Then the good part came whe he asked me about a car that I had on the schedules that I wished to reaffirm valued at about $9,000 but still owed $12,000 on it. I told him I no longer wished to reaffirm because my husband(who is the co-signer on the vehicle) took over the payments because I was falling behind on them and this was affecting his credit that he has now re-established, well he went and traded the car in for a newer one under his name only. I never gave him any consent to this, I found out he did all this 3 days after it had taken place, I never signed the title or anything he did all this on his own!!!
I just about killed him when I found out. No money was made from the transaction since the old car had no equity but this seemed to infuriate the trustee, even after my lawyer kept explaining that the car had no equity. My husband and I had been separated for 2 yrs and recently were trying to work things out for our childs sake. But after him doing this I just don't see this happening anymore.He will come with me to the second meeting and explain I had nothing to do with this. The trustee now wants the transfer papers to the car and the title. I don't have the title my husband turned in to the dealer. I called the dealer and they told me that the car was already sold and they don't have a copy of the title. I am just sick to my stomach and very deppressed constantly, I have even had suicidal thoughts. This bakruptcy is driving me crazy! I declared about $25,000 of debt(All CC debt) and my salary is about $22,000 a year. I have 1 child and live in NYC where the cost of living is very high. 3) trustee also was very upset at the fact that I used one of my credit cards a few days before I filed. I was basically living off my credit cards!! I would pay the monthly payments but then would have to use them to pay other bills I did not use it for any major purchases or luxury items. The trustee called me a cheat, fraud, and constantly kept telling me I was commiting perjury??? I disclosed everything to him I did not hide any of these things but the insults kept coming. I just don't know how to face him again I am soo scared. He is requesting 2yrs taxes, 1 yrs CC statements, 1yrs bank statements with cancelled checks. Also one of my creditors showed up for the meeting my credit union I included their credit card in the bankruptcy. The rep claimed that I had called them recently and told them that I wished to reaffirm with them. I did called them, but before I filed to try and avoid bankruptcy I asked them for a debt consolidation loan which they turned me down for due to too much debt, at that time I told the loan officer that I did not see any other way out except for bankruptcy and immediately he tried to get me to reaffirm with them, but how could i have agreed to something like this when I had not even filed yet??? I don't want any more surprises for my upcoming meeting and I have some questions. I have a 401k plan that I did list on the sceduled and I took out a loand just days before I filed in order to catch up on some bills, living expenses,and to pay that worthless lawyer. the amount was $3,000 which is being paid back by weekly payroll deductions of $32.00. This is not listed on the schedules since I had not received the check yet when I filed but I had already requested it. I don't have any of that money left it was used to pay many bills. Does the trustee need to know about this? My lawyer says not to worry, but his advice to me is worthless lately. Also I have 2 creditors that I did not list, one was a GAP store card that I forgot to give the lawyer with a balance of $125 and I have since paid off, and another an Appliance store card that I used to buy TV back in March 05 with a balance of $500 the lawyer told me to just pay that one off because otherwise they would take the TV away, I have paid that off also but I finished paying it after I filed but before the 341 meeting. Is there any way the trustee will find this out and then give me more hell. I am just so nervous and scared of the outcome of all this. I did not intentionally lie, or mislead the trustee in anyway I did disclose everything to him to the best of my knowledge. For my second meeting can I demand that the trustee not be so abusive, I know he has a job to do but there is no need for the condescending comments or abuse. Any advice will be greately appreciated.Thanks in adance.
01-06-2006, 01:43 AM
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