The br code generally allows a certain number of personal possessions
to be "exempt", the specifics varying from state to state. Does
someone actually come to your place of residence and look over your
property to determine if you have more than one camera, computer, TV,
VCR, etc? What if your place is full of equipment borrowed or rented?
What if you share an apartment with someone who has her own property,
some of which can be considered "luxury items"? What if you're
currently between residences and you're staying in someone else's home
- how would anyone know which possessions are yours and which are your
host's?
Brett Weiss
07-22-2003, 04:37 PM
Generally, trustees don't make home visits, but it depends on
which trustee in which state and the details of your case. Ask
your attorney what the trustee is likely to do in your case.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************
<eg71erftwaly364stn90beantaklyrandalleeriecanalpupe lupeswinegirlb
@hotmail.com> wrote in message
news:5fc12a28.0307220651.1fbdc40a@posting.google.c om... The br code generally allows a certain number of personal
possessions to be "exempt", the specifics varying from state to state.
Does someone actually come to your place of residence and look over
your property to determine if you have more than one camera,
computer, TV, VCR, etc? What if your place is full of equipment borrowed or
rented? What if you share an apartment with someone who has her own
property, some of which can be considered "luxury items"? What if you're currently between residences and you're staying in someone
else's home - how would anyone know which possessions are yours and which
are your host's?
Brett Weiss
07-23-2003, 07:00 AM
> I've also read that trustees don't have any special rights,
abilities, and/or privleges to search.
This is incorrect.
A Trustee can obtain a Court order letting him/her pretty much do
anything in terms of investigation and discovery.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************
"Styro" <styro@portalofevil.com> wrote in message
news:465shv4n00odervpachmdb4e51cmsv2jva@4ax.com... I've also read that trustees don't have any special rights,
abilities, and/or privleges to search. If a trustee shows up you can 1)
hide, 2) develop a sudden urgent 'need' to be elsewhere, or 3) reason
with them. Maybe the trustee will understand that the five gold
ingots on your dining room table are a friends and you are just holding
them and that you thought your friend would pick them up before now and
you don't want to go through the trouble of amending your assets
list (and etc. etc. etc.). or 4) let them in and serve them some tea and biscuits (and discuss the now 4 gold ingots). We're all reasonable adults here that are/have-been/will-be
fully truthful on our bk assets list disclosure, so there would be no
need to use any choice other than letting the trustee in to do an
asset search/verification. - Styro "The usual internet disclaimers apply." On Tue, 22 Jul 2003 19:37:48 -0400, "Brett Weiss"
<lawyer@erols.com> wrote:Generally, trustees don't make home visits, but it depends onwhich trustee in which state and the details of your case. Askyour attorney what the trustee is likely to do in your case.
Styro
07-23-2003, 09:07 AM
Fortunately getting a court order will take time. Due to fact that
'law enforcement' would not be involved (no ongoing immediate criminal
actions), and our unbelievably backed-up court system (+6 months from
arraignment to start of trial?!), it would take months to get in front
of a judge and obtain a legal search warrant that any sane person
would recognize and allow.
Hopefully, on my case, if the trustee assigned wants to search s/he
would recognize my unusual work hours and schedule and realize that an
'appointment' would be best. In two or three days I can tell bosses I
won't be around for a day, and the trustee has time to search whatever
s/he wants.
-- Styro
On Wed, 23 Jul 2003 10:00:18 -0400, "Brett Weiss" <lawyer@erols.com>
wrote:
I've also read that trustees don't have any special rights,abilities, and/or privleges to search.This is incorrect.A Trustee can obtain a Court order letting him/her pretty much doanything in terms of investigation and discovery.
Brett Weiss
07-23-2003, 10:34 AM
Actually, an Order authorizing an inspection by a Trustee can
often be obtained ex parte (without the other side being asked)
and very quickly. But, as I first mentioned, it is very unlikely
unless the Trustee believes you are hiding assets.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************
"Styro" <styro@portalofevil.com> wrote in message
news:9ibthv4jm9j3m791e5ak2vibatpt1n0s55@4ax.com... Fortunately getting a court order will take time. Due to fact
that 'law enforcement' would not be involved (no ongoing immediate
criminal actions), and our unbelievably backed-up court system (+6
months from arraignment to start of trial?!), it would take months to get
in front of a judge and obtain a legal search warrant that any sane
person would recognize and allow. Hopefully, on my case, if the trustee assigned wants to search
s/he would recognize my unusual work hours and schedule and realize
that an 'appointment' would be best. In two or three days I can tell
bosses I won't be around for a day, and the trustee has time to search
whatever s/he wants. -- Styro On Wed, 23 Jul 2003 10:00:18 -0400, "Brett Weiss"
<lawyer@erols.com> wrote: I've also read that trustees don't have any special rights,abilities, and/or privleges to search.This is incorrect.A Trustee can obtain a Court order letting him/her pretty much
doanything in terms of investigation and discovery.
