And the beat goes on and on and on

[deedee1]

What is the name of your state?What is the name of your state?PA

Yet another delay??? I'm the one who had written about my husband filing for bankruptcy due to his credit card debt. Filed in January and the trustee left no stone unturned. Asked for a 60 day extension. We both had a deposition, trustee asked for tax returns back to 1995 (yes, 1995), etc. Then he postponed the Sept. case for dismissal to look over the records/deposition. Now, with 1 week to go before the Oct. hearing, my husband hears from his lawyer that the trustee has decided to subpoena the credit card companies for the records. Just when he thought it would be finished one way or another!

Question is: why would the trustee wait 9 months and then decide he wants to see cc records? Any insight in this?

For those that are naive as us, we did not know my husband would have to pay the bill for the deposition that the trustee wanted -- $300 (plus, of course, the cost for the lawyer to attend). Total legal fees to date: $4,000 and counting.

 

[bigun]

What's the whole story?
Any recent cash advances or large purchases in the 12 to 18 months prior to filing? Any sale of property?
How much debt are you trying to discharge and what sort of income are you showing? Does your present lifestyle correspond with the income and assets being shown on the bk petition?
Something has the trustee curious and I'd think your lawyer would have some idea.

 

[anabanana]

Could be the trustee got new information. Are you trying to discharge any personal debts to non-corporate creditors? Like contractors, family members you borrowed from, etc? If there's anybody who stands to get screwed by this bankruptcy, they could be helping the trustee. My ex filed Ch. 13 for the sole purpose of ripping me off. That's why it's been more than a year and the damn thing still isn't confirmed. The trustee has already found one account with more than $100,000 in it and a fraudulent transfer of a vehicle and some stock transfers and other fun. None of which was disclosed. But I personally had to dig all that up first before the judge yelled at the trustee to do their frikken job. Then they got hopping. Sounds like your trustee was just meticulous to begin with... don't worry, if you're the "honest debtor" the system is meant to protect, it will work. Lots and lots of crooks get let in, and almost no one worthy gets shut out. Good luck and don't stress on it.

 

[deedee1]

Thanks for your thoughts! If you want the whole story -- you can do a search -- I've been on this forum for months now. It's all credit card debt, no assets, took out cash advances. Made mistakes, interest rate was high, and it got out of hand. I had no knowledge of it, was not involved, and did not benefit from it. The only thing the lawyer says is that it "sticks in the trustee's craw" that our house can't be touched and that it's not a joint filing. Situation is definitely honest, nothing to hide, etc. Trustee has gotten everything he's asked for in a timely fashion (except our accountant did not have 1995/1996 tax returns). No big purchases or property sales in the past few years - we have old cars and live an average life at best. I remember the lawyer telling my husband back in January -- "should be cut and dry." Well, you just never know! What concerns my husband is the mounting legal fees -- he could have paid off one of his credit cards with what he currently owes.