Showing posts with label trustee. Show all posts
Showing posts with label trustee. Show all posts

Friday, August 15, 2008

An Anniversary (of Sorts)

It's been a year since I started this blog and oh so much has happened. When I started the blog, I was in the middle of Bankruptcy filing hell. Every time I turned around, the attorney and the court needed another document, or more documentation, or the wrong form got filled out, or..., well, you get the picture.

I remember sitting in my office and literally sweating rivers of perspiration-mainly from the stress of the whole procedure. I had been told by my attorney that once the initial paperwork was filled out, the process would not take very long. I filled everything out, got copies of all bills, names of all creditors, and if I had a question, I asked the paralegal to make sure this process would go smoothly (if it ever does) Oh yeah, "not take very long". Right, it was three months until my hearing and then the discharge finally occurred three months after that.

I filled out my BK papers, made copies for myself and mailed them to my attorney (along with the requisite filing fee) in the end of May 2007, it seems I spent almost all of summer 2007 going back and forth between the court, the trustees and my attorney with forms and more forms. Then the delays-my CMA on my house was delayed because the agent doing it for free for me took his two week summer vacation. My attorney and his paralegal took their 10 day summer vacation (did either of these vacations overlap- No Of Course Not). I filled out paperwork, I got appraisals (sometimes two), I got quotes, I got copies of pay stubs (three pay periods prior to the application date, three pay periods prior to the court filing date), I took the requisite Bankruptcy credit courses (yes, when you file Bankruptcy, you are required to take classes on credit and credit management one before you can file and one before your Bankruptcy can be discharged), what ever the court and Trustee wanted, I got. At times, I felt like all I was doing was filing out paperwork for the court.

I read a number of blogs, one of them being Ladies in the Red and was struck by Katie's willingness to be so public with her Bankruptcy. She was even a featured article in the Sunday Mail (UK). She is based in the UK, but her web site gave me a lot of hope in a dismal time, and I even got a mention on her brassic blog when I got my discharge. She,plus a few others, gave me the courage to start my own blog. I had nothing to lose and if anything , just a place to vent.

I've reread a number of my earlier posts and Lord Almighty, I can see how stressed I was and how helpless I really was. My life was still spinning out of control at that time and I was helpless to stop it. Maybe not helpless, but it seemed like every time I could get control, it just fell out of my grasp. I just could not make things work like I wanted them to. What a feeling of hopelessness I had at times. Made even more difficult by the fact that I made the decision to tell no one about my problem, not my family, not my boss, not my friends. My neighbor found out because my old car decided to have a transmission meltdown the day I went for me 341 hearing (yes the transmission decided to die just as I driving home from my Trustee hearing), I was having a meltdown and blurted it out to her. I told my friend James because I was in a car repair hell meltdown. Other than that, I've not told a sole other than my readers.

I read somewhere in a book that it takes living a year and a day to get over a life changing incident and get on with life. I'm paraphrasing here, but the concept is when you survive something that really shakes you to your core, it takes a year and a day to start to move on. You have to go through all the seasons and celebrations of your regular life to move on to the next stage. You may or may not agree with this phrase, but I completely get the meaning behind it. It has taken me almost a year and a day to come to grip (and I mean really come to grip) with the fact that I am Bankrupt, and when I hit the year and a day mark for the discharge, I'm sure that will make me take notice as well. Up until the day I started this blog I had held the hope that somehow I would come up with the money I needed to pay off my debts (unexpected inheritance, win the lotto, get the long shot daily double at the track), I was going through the motions of bankruptcy, but still held this hope I would not have to finish the filing.

In a previous post just after my mini-break, I said it was nice to go away and not think of the Bankruptcy everyday. I went two days without the thought of my personal Bankruptcy entering my mind and smacking me upside the head. It did not happen because I was not on blogger, it happened because I am starting to move on and that is a good thing.

I'm not a bad person, I did not file Bankruptcy just to avoid my debts. I'm just a person who between a spell of bad luck, bad timing and decisions gone bad ended up in a fiscal hell. I thought long and hard about filing for Bankruptcy, I did not want that stigma of "being bankrupt" on my personal resume. In my mind, it clouded over all the other wonderful things I've done in my life and I accomplished personally and professionally. Eventually it will be just another event in my life, albeit a painful one.

What have I done since I've started this blog? A number of things. I got through the last stages of the Bankruptcy filing and got my discharge, the court and bank said I could keep my house (which was probably the most important thing to me, keeping my house), I've been able to learn from some of my decisions gone bad and have become a fiscally responsible person I used to be, my bills are all paid on time or early, I have an emergency fund, I'm working on a savings account, I'm starting to contribute back to my retirement fund, I'm working on a way to have a second career and income, I was able to get a car loan for a new to me car (albeit in the double digits, but I got a loan).

More importantly, I have a plan again for my life.

Thursday, March 13, 2008

The Last Requirement from the Trustee

I E-Filed my taxes this year for the main reason, I have to give the Court Trustee all but $390 of my refund. I am getting back total, about $1,000 from my state and federal returns. It's more than I thought, but less than last year. The cost of Turbo Tax, the E-File and Direct Deposit fee is around $80, but well worth it to me. According to the E-File timeline, I should get my direct deposit tomorrow. The check to the Trustee gets written on Saturday and mailed to his office with the other information he needs (copy of tax return for proof of refund). I'm really happy that I can truly file all my Bankruptcy paperwork and put the very large file someplace other than the top of my desk. I do have copies of my discharge notice, but the entire file and all court correspondence will be tucked in a nice safe spot.

Monday, December 17, 2007

The Ring Is Back...........

As I previously posted, the Trustee in my Bankruptcy Case had asked (no demanded via a court order) my mothers wedding band~my only piece of real jewelery that I own worth much of anything. I had it re-appraised as asked, and since I truly believe the ring has bad ju ju (anytime I have ever worn it, something weird, odd, bad, has happened, the last time was after the hearing and my transmission blew on my car), I decided for my own peace of mind to turn it over. And I was happy to do so.

As I reported here, the Trustee sent it back to my attorney. I picked up the ring today while I was running errands. It will sit in my jewelry box forever and ever. The letter enclosed said "I have no further interest in this case and have filed a Report of No Distribution."

No further interest in this case. Boy does that MAKE me feel good!

Wednesday, November 28, 2007

It's Like A Bad Penny~It Keeps Turning Up

I got a phone call from my attorney's paralegal on my lunch break, she said "I don't know how to tell you this, but.." Seems the Trustee does not want the wedding jewelry he mandated (by court order) to be turned over for sale by his office. I signed a bunch of forms saying I was willing and knowingly giving up the ring, we mailed it off (certified, insured, return reciept requested) to his office last week and now

HE SENT BACK THE RING TO MY ATTORNEY.

To give back to me. I gave it up, I did not want it. He could sell it. I wanted that part of this whole procedure done and dusted as they say.

The jewelery was one question the Trustee had during my hearing and I did my due diligence, new appraisal, decided it was not worth keeping (all that bad ju ju on it) and decided the cost to "buy" it back from the Trustee could be better spent on a new to me car fund. Plus after spending $1200 on transmission repair (and depleting my newly set up car and emergency fund) I was not willing to buy back the ring at the appraised price. Oh well, it will just sit in my jewlery box.

Go figure as they say.

Wednesday, November 21, 2007

More Forms......

I had a call from my attorney's office on Monday. I had to stop by and fill out MORE forms for the court. This time it was :

1) A form stating I was willingly and knowingly giving up my jewelery.

2) A form stating I had taken my post filing budgeting course verifying the certificate I had e-mailed to my attorney was indeed, my actual certificate.

3) A form stating I understood the Trustee wanted my 2007 income tax refund (if there was one, if there is going to be one, it will be small).

I keep telling my attorney that I don't think I'll be getting back a huge refund. I used to work a job that had a lot of un-reimbursed employee expenses. Those expenses I had to declare and write off on my income tax. My current job pays for almost all of those expenses. I won't have that much to declare. I get the feeling the court Trustee and my attorney don't quite believe me.

Believe me, it won't be that much and if the court wants it, they can have it. I really don't have a say in that matter at all. I just feel like I keep making some forward progess, then have to take these backwards steps.

Monday, November 12, 2007

A Few More Things off The To Do List

1) Took and finished post filing on-line course. Also sent certificate to Attorney's office for the Trustee.
2) Made sure I called/e-mailed three folks I have not been in contact with in over a month just to say Hi and tell them I was thinking about them.
3) Moved some furniture around the house for a "fresh, new look" (and actually the living room area looks better!)
4) Made the decision to give the family heirloom jewelry to the Trustee. The appraisal came back low (as I thought it would) but I still have to "buy back" my own jewelry. After thinking about it, I can ear mark that money towards my new car fund. I need to fund the car fund more than I need jewelry (even a family heirloom). It was a surprisingly easy decision to make when I looked at it in dollars and cents. Plus I still think the ring has bad ju ju and I don't need any more bad vibes in my life at this point.

Monday, October 29, 2007

What would you do?

I had an interesting conversation with my friend James over the weekend. Seems the Trustee does want my inherited jewelry after all! I've gone "over" my exemption listed and he'd like an appraisal and or the jewelery. He even got the court to mandate an order to turn it over (no set date) as it exceeded the exemption and was not "wedding jewelery." James said I just should have lied and not mentioned the jewelery. I responded Why Would I Lie?

The letter from the Trustee spelled out three things :

1) They need a copy of my bank statement as of the day of the filing -which for the record I had a balance of $195.84 in my checking account and $100.16 in my HSA, and about $40 in my wallet. I gave him copies at the hearing, perhaps he mislaid them.

2) They want my 2007 tax refund (are they going to pay if I owe? :) )

3) They want the non personal wedding jewelry, or I can "buy it" from myself and send him the money. I'm double checking on this last point.

James said I should have not even listed the jewelry, but I did not think to not mention it. I did not realize there was an exemption. Would I have not mentioned the jewelry? I really don't know. I don't think it's good practice to lie about stuff, I listed my assets and liabilities. The jewelry was one question on the form and I answered it. As someone else pointed out-They don't come and check your personal possessions do they?

I'm guessing folks do try to "hide" things from the Court Trustees, I listened to one case being reviewed prior to my hearing and it seemed like these folks had tried to hide cash or assets with family members (all being involved in the same family business too!)

I have to stop by the store and pick up the ring and the appraisal this week, I'm curious to see what the appraisal came in at and will take it from there.

Friday, October 26, 2007

Taking A More Rational Look

Like I posted yesterday, the Trustee only had a few questions about my Bankruptcy Petition. You can click here to see that post. While I am disappointed and a bit upset to have my petition date moved back, I should not be, and am not 100% surprised. The Trustee did ask about my taxes and tax return and I did tell him I was not expecting a refund in 2008 like I had in 2007.

Driving up to see friends for dinner last night I talked to myself in the car about this (and yes I am one of those people who talks to oneself while driving :)) and realized it is just one step in the process.

I've never cheated on a tax return, don't plan on doing it in the future, will do my return honestly, and I guess I just have to see what happens.

Thursday, October 25, 2007

One Step Forward, Two Steps Back

All I can say right now is GRRRR.

Got a call from my attorney's office, they got a letter from the Court Trustee. Not only does the Trustee want the jewelry appraisal (just waiting for that to come back, ring and watch has been dropped off), now they want a copy of my 2007 tax return (which is still just a future project) before they will approve the discharge. I think the Trustee wants to see what my tax refund will be. I can pretty much summize that it won't be much. I don't have the expenses this year that I had last year that I can write off, other than mortgage interest, some student loan, some medical, and some work related. It's going to be 1/3 of what I had last year in expenses. I won't even get all my tax documents until mid to late January and this pushes off the discharge until at least February.

Call me superstitious, but I wore that darned ring to work on Friday so I would remember to stop off at the jewelers and Friday is when my transmission blew and when the Trustees letter was dated. Each time I wear that ring something not good happens.

I'm telling ya, if I get to keep that ring, I'll never wear it again.

Oh well, not much I can do at this point until at least mid January 2008.