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concluded 341,with 1yr stip

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R

razzle

Guest
What is the name of your state? nevada
we filed chapter 7 nov 2003, had a 341 meeting mar 4,2004,trustee concluded meeting with a stipulation order,I think that's what it's called,for one year. We are trying to get some info from creditors for him,and should have it in a week or so. My question is ,in the event that we don't get the info before April 15,should I file for an extension on my income tax,since the bankruptcy is in limbo? He has drug this out long enough...and I don't want to turn over any refund I may get and then not get a discharge.
 


Ladynred

Senior Member
What is the 1 year stipulation for ? What's the Trustee looking for ?

4 months to get to a 341 meeting ? Wow.. was that because of docket load or is something else going on ?

Did you not have all the creditor information on your forms ?

The tax refund is still going to be part of the BK estate, so you're still liable to lose it no matter what.

Are you certain you're going to get a refund ? If so, you might as well file because the Trustee is likely to take it anyway - or at least a portion of it.
 
R

razzle

Guest
1yr stip

First 341 was continued due to death in my family, second one was continued because the trustee wanted 12 months statements from some of the creditors,we didn't have 12 months so we and our attorney are trying to get them. This is out of our control as the creditors want our attorney to request this info.
Which they are diligently doing, but it apparently takes alot of time to get statements once you've filed. So the third 341 was continued and we were told at 8pm the night before ,not to bother coming if we didn't have the info requested. So...the fourth 341 meeting,we still didn't have the statements requested, not for lack of trying,
and the trustee threatened to dismiss,then calmed himself down and ordered a stipulation for 1 year. From what my attorney is telling me,he won't dismiss because he has no reason to, but he still needs the statements. My attorney may have to have them supoened,all of which could take some time......this trustee is a jerk, and our fear is that he will ,quite frankly, abuse his power and delay this for as long as he can, even when he gets the statements,dismiss the case anyway,and force us into appealing etc....in the meantime we turn over tax refunds and anything else he wants.(he's asking for my computer,which I use for my job,I work out of my home) If we don't have a discharge then we don't have a bankruptcy, right?
We think what set this guy off on us is the fact that I am off work for medical reasons and receiving long term disability from my company,payments that are exempt. And I have no way of knowing when I will be able to return to work,but I am still employed. This fact visibly angers him to the point of even wanting to see documentation from my doctors! So we're a little afraid of this guy.....we're aware of other people he has really messed with.
 

Ladynred

Senior Member
OMG !! What a mess. I've heard some rotten stories, but this one goes to the top of my list !

Why on earth would you're being on LTD make this Trustee angry ? This happens to a lot of people, but he may have some personal issues. Have you asked your attorney if its possible to request another Trustee ? I sure as hell would if the possibility exists. They DO go off and I believe they can be removed.

What is it about your creditors that has him asking for a years' worth of statements ? That's a new one on me. Have the creditors filed objections ?

Sorry if that sounds nosy, but this is something I've not seen here before.

As for your computer - what is it and how old is it ? Do you owe on it ? Computers depreciate VERY quickly because of how fast the whole tech market moves.
 
R

razzle

Guest
None of our creditors have objected, he just wants 12 months statements for 4 of our accounts ,all credit cards,we don't have them,so he apparently thinks we're trying to pull something. I know we're not,we hadn't used any of the accounts in question for months, but we're not the ones calling the shots.Normally I could get them for him online,but like I said before,all of our accounts have been inaccessable since the filing date.
As far as this trustee having issues, he has brain cancer and is doing chemo,my opinion is that this is most definitely affecting his job performance.But what can we do about that? Several attorneys that deal with him have complaints,but there he still is.
 

Ladynred

Senior Member
Brain Cancer and he's still working ??? Good Grief !!

I have known 2 people in my life who suffered from brain cancer, both died despite Chemo (its not a real treatable type of cancer). Their behavior became VERY erratic and unpredictable and it sounds like this guy needs to go on medical leave !!

Let me do some digging and see what I can find. I'm surprised your lawyer hasnt' explored this, but he may just not want to rock the boat any further.

Any idea what the Trustee is fishing for ? Does he think you're hiding luxury assets or something ? Would you still be filing for Ch 7 if you were not on LTD ??

Trustees CAN be suspended and/or removed, but it may take longer than the resolution of your case to accomplish it.
 
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R

razzle

Guest
Our attorney thinks the trustee is just being unreasonable,because he can.
In fact when asked what the reasons were for wanting the statements,his reply was "because I'm the trustee"
If he thinks we're hiding luxuries, I don't know.he hasn't said.
I did read where a coffee pot can be considered a luxury, and I do have a coffee pot. No,we don't have any luxuries,we're just regular people making bad decisions and choices. We probably would still be filing even without ltd,what launched us into this was a real estate transaction gone bad, my injury came after that. After a few months of trying to deal with the real estate thing,I was taken off work,and we decided to file 2 months after that. Bummer deal,
but I will sure never again make the same mistakes and bad choices!
:(
 

Ladynred

Senior Member
Sounds like a jerk on a power trip.

A Jaguar, a mink coat, Liz Taylor's diamonds - those are luxuries, but a coffee pot ??? That would be extreme, its a fairly normal appliance.
 
Razzle,

Remember that a TRUSTEE cannot dismiss a bankruptcy...only the JUDGE can do that. The Trustee can make lots of noise (through a motion to dismiss)...but the JUDGE decides your fate.

The trustee's job is to administer the BK estate. If you feel the trustee is being too hard, you can apply to the BK judge or the US Trustee.

It's unlikely that your attorney will bring the trustee to heel without your prodding. After your case is done, your attorney will still have to work with these people in the future on other cases, and many attorneys don't want a rep as being "difficult". The belief is that if the client ain't barking, the attorney will let a sleeping dog lie.

Here's a link that outlines the duties and powers of trustees. Pay attention to what they CAN'T do.

http://www.usdoj.gov/ust/ustp_manual/manual.htm
 

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