In 2001, we signed a deal with an auto consignment dealer that they would sell our 2000 Pontiac Grand Am for 250, which they did later that year. However, about a week after they sold it, they declared bankruptcy themselves, which left quite a few car owners pretty ticked. In all, I believe they had sold 60-70 automobiles, kept the money, and then filed bankruptcy. So basically no one got paid after they had sold their cars for them. My husband and I had a loan for the car through GMAC, which we continued to pay while it was at the consignment dealer. However, after the car was sold and we realized we were not going to receive any money, we realized that we would not be able to afford to pay GMAC 000 for a car we did not have (this was why we were selling in the first place). So our loan defaulted and we were forced to file bankruptcy in 2005. Our case was closed and all debts discharged on July 29 of 2005. Today, I just finally received word from the trustee of the consignment dealer’s bankruptcy case, stating that we should get 0 out of the settlement (about 6% of the 250 they owed us). Now my question is ths: what do I do when we get the check? Is it supposed to go to GMAC or have they written this off as closed since the bankruptcy was closed? I am going to try to call our bankruptcy lawyer in the morning, but if I remember correctly, he’s somewhat hard to get ahold of, so I thought I would check to see if anyone knew on here. Thank you so much for any help you have.

Technorati Tags: ahold, auto consignment, automobiles, bankruptcy case, bankruptcy lawyer, car owners, cars, debts, gmac, grand am, money, pontiac, pontiac grand am, trustee

I filed chapter 7, back in April…At least thats when I gave the attorney the retaining fee. Upon my next visit to his office, I paid the filing fee of 5 for initial papers. This was a time sensitive issue because there were garnishments attempting to take place within a matter of weeks. Attorney dragged his feet, and the filing was delayed 30 days after I paid for all services to be rendered to me. By this time, the garnishment had begun to take place. Being paid bi-weekly, this company has taken over 0 from me in the course of 8 weeks.

They are supposedly allowed to keep 0. Problem is, they have refuned 0 to my attorney, and my case has went before court June 10, 2009. The attorney is delaying refunding my money to me, telling me that he has to wait to see what the trustee wants to do with the money. I’ve personally talked with the trustee, and he told me he has NO interest in those funds. I relayed this information to my attorney, and he still tells me that he has to talk with the trustee.

I’m really pissed at this point, and I’m considering lodging a complaint against him because had he filed the papers in a timely manner, the garnishments wouldn’t have never occurred. Secondly, if the trustee has no interest in the funds, then why is he hanging on to them.

Worst yet, the attorney called me into his office July 11 to get matters taken care of. The only thing I did in his office was watch him go through my file, and he made copies and put them in an envelope while I watched.

I signed no documents that day or anything, but I did get ot view my check from afar. Am I supposed to wait until the case it totally closed before getting my money back or should I file a complaint with the Milwaukee Bar association.?

Technorati Tags: chapter 7, garnishment, milwaukee bar association, money, sensitive issue, timely manner, trustee

I know I have to take the return check into my attoreys. However, I e-filed the girl who did my taxes said she efiled when she filed bankruptcy and it was ok she still took the check in. I tried to reach my attorney today but couldnt get a hold of him to at least give him a heads up. Does anybody know how this works? Also how much should I expect them to take of it? I had 3 things I filed on 2 of which were secured with other property?
I was told they would let me keep anything after i filed so like 2/12ths…but on the rest it was up to the trustee. Is there a certain % they take?

Technorati Tags: 3 things, bankruptcy, trustee

We filed 13 bankruptcy in December. Our attorneys have made several mistakes along the way. When it came time to have our hearing to have it affirmed, our trustee said that the payment was too high and they needed to rework it to prove that we can afford it, otherwise they would throw it out. Our hearing on this was last week. They had two months to rework our figures. Apparently, they set ANOTHER hearing 30 days from now to rework it AGAIN. I dont’ understand what needs to be reworked. We only have one income coming in. Also, we filed taxes in Januray, BEFORE the bankruptcy was affirmed. Will we still have to give them half? It sucks that we’re paying on a bankruptcy that may still get thrown out and is not yet affirmed. It’s not fair if we have to give up have of our refund on a bankruptcy that wasn’t affirmed when we filed our taxes. I just don’t understand what is taking so long. What can I do? Our attorneys aren’t giving us direct answers and aren’t returning phone calls or emails. Can I call the trustee to see what’s going on?
Our car is included. We got to keep our house but we were behind 6 months and had to include that rearrage in the bankruptcy.

Technorati Tags: attorneys, bankruptcy, januray, phone calls, trustee

I hired a bankruptcy attorney to file a chapter 7 and I completed all my paperwork and credit counsiling all within the time limits, and then I got a letter from the court saying that my case was being dismissed due to some paperwork. I contacted my attorney’s office right away and they told me that they didn’t file some paperwork, but I shouldn’t worry about it. They told me to show up to the court appointment anyways, that they would take care of the paperwork. Me and my wife showed up to the court, seen our names on the calander and talked with a attorney from my attorney’s office. She told both me and my wife that the trustee might not hear our case because of the paperwork issue. Sure enough we did not get seen that day. The attorney that was there said that the office would be in contact with us within the proceeding three days, and I never heard from them. I have been trying to contact them for the last month now and I have been getting the run-around. This is bull! I need help! I had money taken from my account after I retained my attorney and nobody can tell me where my money is and if im going to get it back.

Technorati Tags: bankruptcy attorney, calander, chapter 7, court appointment, credit counsiling, money, paperwork, proceeding, time limits, trustee

I live in Ohio and my chapter 7 bankruptcy has been disharged for almost a year. I am hearing now there might be trustee fees. Has any one heard of this? If there is such a thing any clue the cost?

Technorati Tags: chapter 7 bankruptcy, clue, trustee

We live in Washington. We own a home that has 95K in equity – but we owe the IRS about 85K. We have gone through the pre bankruptcy counseling and they say we HAVE to file – because we are in the hole 6K per month (long story – I owned a business and got very ill). My income is commission only – and I don’t have commissions coming in which is why I need to file Pro Se’. Basically – do I let the trustee sell my house? Do I need an attorney to make sure the taxes are discharged (they have been owing for over 3 years and over 2 years since I’ve filed – and also the 3rd rule I’ve passed too) because that would be horrible to walk away without them discharged. I have 2 cars I want to give back. If I file now – how long can i live in the home and when do I need to surrender the cars ? I don’t want to milk the system – I just want to find a place to live and have enough time to earn a commission (should be 30 days away)
They may have changed the rules – but I know you can do it pro se. The reason I would even try is I used to be a creditor rep that goes to court and I reviewed every petition to find fraud. I know most things – it’s just the tax lien stuff and the sale of the home I don’t. My attorney wants 00 up front. It is so embarrassing – I used to make K per week – and now I’m reduced to not being able to pay an attorney. Life goes on.

Technorati Tags: 3 years, 6k, bankruptcy, cars, commissions, counseling, creditor, fraud, irs, petition, tax lien, trustee

A friend of mines husband filed bankruptcy in 2002, under the old law, he had a 5 year repayment plan. The bankruptcy ends in Febuary 2007, when is his bankruptcy dischared so they can look to buy a home, the morgage company wants a discharge paper from there trustee. any help would be great.

Technorati Tags: bankruptcy, discharge paper, febuary 2007, morgage company, repayment plan, trustee

My Chapter 7 bankruptcy was recently discharged and I don’t know what exactly was discharged. I live in Georgia and need to know where I can find this information. On my credit report, it only shows that it has been discharged. Do I need to go to the US Bankruptcy Court in Georgia to get this information. I tried calling my trustee and they could not tell me.

Technorati Tags: chapter 7 bankruptcy, trustee, us bankruptcy court

When we filed for bankruptcy last year, our bankruptcy attorney asked us if we had any pending lawsuits. We replied with a yes, as I had to hire a personal injury lawyer cause of a car accident we were in. We were forced to get a lawyer because of the extensive medical bills…the insurance company of the at-fault driver refused to pay any of our bills…my medical bills were over ,000 & growing with my treatment and Dr’s. didn’t know when I’d be finished receiving treatment. With us already paying some of the bills out of pocket, it got to the point were forced into bankruptcy….there was no other way. We were told by the trustee and our bankruptcy lawyer that all monies received from the personal injury case would have to be applied toward the creditors in the bankruptcy. So in the end…these are the figures…
P.I. lawsuit total: ,000+.
P.I. lawyer got his cut: ,000+.
Leaving ,000+ to creditors. Could we have lied & gotten all of the ,000 w/out getting caught

Technorati Tags: amp, bankruptcy attorney, bankruptcy lawyer, car accident, creditors, insurance, insurance company, medical bills, monies, pending lawsuits, personal injury case, personal injury lawyer, trustee

AND THE TRUSTEE/LAWYER PAID MY CAR OFF, SO I STILL OWE THE TRUSTEE, WHAT DO I DO TO GET THE TITLE TO THE CAR? BECAUSE WHEN I LOST MY JOB, THE TRUSTEE DROPPED MY CASE. PLEASE HELP, WHO DO I TALK TO?

Technorati Tags: job, lawyer, trustee

My bankrupcy was discharged in March of 2008. I recieved today a letter of order authorizing trustee to act as attorney. It does state that represents no interest adverse to the estate. What is this and should I worry beings my bankrupcy had been discharged?

Technorati Tags: bankrupcy, trustee

I loaned a former friend money to pay her power bill and didn’t have her sign a note or anything. I went to magistrate court and filed suit against her, she then filed bankruptcy. how do I write a letter to the trustee in charge of her case asking to be paid?

Technorati Tags: bankruptcy, friend money, magistrate court, trustee

A chapter 13 bk is likely in my future. I’m looking for some real world pros and cons about this scenario:

I’m in chap 13 and making my payments, and I see a 00 auto repair coming at me. Would the trustee let me slide on 00 worth of payments to take care of the critical auto need ? IE, how do judges handle unanticipated expenses that happen while you’re in chapter 13 ?

The other alternative that I see is – stop paying my mortgage and bank those funds. Hire the bk attorney, get it all ready to file, then sit on it. Keep ignoring the mortgage and accumulate some cash until the foreclosure sale is imminent, THEN have my attorney file the chapter 13 to stop the foreclosure and add the mortgage arrears into the payment plan. This gives me a cash cushion to handle the surprise expenses.

Comments please ?

Technorati Tags: auto repair, bk, cash cushion, chap, chapter 13, foreclosure, mortgage arrears, pros and cons, real world, surprise, trustee

I have quite alot of debt and am looking into filing bankruptcy. How far back are they going to check my bank statements? Also my father passed away and left a life insurance policy to my mother that my name is on as a trustee…will this matter?

Technorati Tags: bank statements, filing bankruptcy, insurance, life insurance policy, trustee

I am considering filing for chapter 7 bankruptcy. I qualify based on the means test, but I purchased an investment property with a business partner 2 years ago. there is no mortgage on the property and it’s only worth about 40k. How would a trustee normally handle this property since there is another owner who is not filing for bk and is not my spouse? does that make that property exempt?

Technorati Tags: bk, business partner, chapter 7 bankruptcy, investment property, means test, mortgage, trustee

I filed chapter 13 bankruptcy 4 years ago and it will be discharged this year.The lawyer I had no longer practices. Do I need another lawyer to represent me or will the trustee just mail the papers?

Technorati Tags: chapter 13 bankruptcy, lawyer, trustee

I know that the trustee has to sell whatever assets you have, to partially pay back the creditors, but what ARE those assets? Like Furniture? Dishes?

Please dont tell me how bankruptcy can ruin credit, etc. I know it already, and after all of this hell with the credit card companies and the mortgage company, who the hell in their right mind would want to deal with credit ever again? Just, if you have the answer, then great, please answer. If not, then keep your opinion to yourself and move on. Thanks.
I dont even have the money to buy food or toilet paper, let alone a boat. If they are only looking at major purchases, then they are going to be in for a shock.

Technorati Tags: assets, bankruptcy, credit card companies, creditors, dishes, furniture, hell, money, mortgage company, shock, toilet paper, trustee

I am currently living out of the country to help my in-laws while they are experiencing some medical problems. I want to know if my parents can file bankruptcy for me if they have power of attorney (in the state of GA)? I know I would have to go back for the meeting with the trustee and the counseling, but if they could file for me, that would really help in our situation. Any help would be greatly appreciated! Thanks in advance!

Technorati Tags: bankruptcy, counseling, medical problems, parents, power of attorney, state of ga, thanks in advance, trustee

I am in the process of filing chapter 13. My trustee recommends that I seek the advice of a lawyer. However, a lawyer is not in the budget right now. The trustee says that only a few cases will be successful without an attorney. Are there any trustees or attorneys out there that could give me a few tips for making my own case successful? Any sure fire ways to be sure I am successful on my own with this case? Any advice would be greatly appreciated. Thanks.

Technorati Tags: attorneys, budget, chapter 13, lawyer, trustee