Just received this letter today. Apparently this bankruptcy will go on and
on. The item or items that are listed as property claimed as exempt are not
listed, just an open statement that the trustee has been granted an
extension until March 25. 2004. Our meeting was in November, no creditors
showed up. We have not had credit in 2 years and desperately need to go
forward. We live paycheck to paycheck, our home is falling down around
itself, our fridge is leaking (a year now but I keep sticking towels around
the base), TV is ready to go, our vehicle needs replaced but we were trying
to wait until the bankruptcy was done before trying to get a loan. We still
owe money on it, about what it's worth, payments are $365 a month. Should we
just drop the payments and let them pick it up? If we have an extra $365 a
month, it will probably take us out of a chap 7 BUT we still will need a
vehicle, we just won't have the money for it, my husband will lose his job
(we are in out late 50's) which means we will lose our home. I have been ill
and the stress is just making me sicker, twice in the hospital in 2 months!
We have a toddler that we adopted (grandbaby) when her teen mother died in a
car accident 3 years ago. She has been ill and this is the only home she
knows. I am the only mommy she has and I'm afraid I won't make it thru this
in one piece. What in God's name can we do or should we do? Very confused.

Wendy

BTW, my attorney will not be in the office for a few days so any input will
be helpful.

Thanks,
Wendy

"Wendy" <virtual@juno.com> wrote in message
news:_glDb.75956$%h4.45097@twister.tampabay.rr.com ... Just received this letter today. Apparently this bankruptcy will go on and on. The item or items that are listed as property claimed as exempt are
not listed, just an open statement that the trustee has been granted an extension until March 25. 2004. Our meeting was in November, no creditors showed up. We have not had credit in 2 years and desperately need to go forward. We live paycheck to paycheck, our home is falling down around itself, our fridge is leaking (a year now but I keep sticking towels
around the base), TV is ready to go, our vehicle needs replaced but we were
trying to wait until the bankruptcy was done before trying to get a loan. We
still owe money on it, about what it's worth, payments are $365 a month. Should
we just drop the payments and let them pick it up? If we have an extra $365 a month, it will probably take us out of a chap 7 BUT we still will need a vehicle, we just won't have the money for it, my husband will lose his job (we are in out late 50's) which means we will lose our home. I have been
ill and the stress is just making me sicker, twice in the hospital in 2
months! We have a toddler that we adopted (grandbaby) when her teen mother died in
a car accident 3 years ago. She has been ill and this is the only home she knows. I am the only mommy she has and I'm afraid I won't make it thru
this in one piece. What in God's name can we do or should we do? Very confused. Wendy

Wendy:

Normally, before such a motion is granted, the trustee must first file a
motion asking for the extension. You have an opportunity to object.

--
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.
************************************************** ***************


"Wendy" <virtual@juno.com> wrote in message
news:mIlDb.27702$Dt6.627027@twister.tampabay.rr.co m... BTW, my attorney will not be in the office for a few days so any input
will be helpful. Thanks, Wendy "Wendy" <virtual@juno.com> wrote in message news:_glDb.75956$%h4.45097@twister.tampabay.rr.com ... Just received this letter today. Apparently this bankruptcy will go on
and on. The item or items that are listed as property claimed as exempt are not listed, just an open statement that the trustee has been granted an extension until March 25. 2004. Our meeting was in November, no
creditors showed up. We have not had credit in 2 years and desperately need to go forward. We live paycheck to paycheck, our home is falling down around itself, our fridge is leaking (a year now but I keep sticking towels around the base), TV is ready to go, our vehicle needs replaced but we were trying to wait until the bankruptcy was done before trying to get a loan. We still owe money on it, about what it's worth, payments are $365 a month.
Should we just drop the payments and let them pick it up? If we have an extra $365
a month, it will probably take us out of a chap 7 BUT we still will need a vehicle, we just won't have the money for it, my husband will lose his
job (we are in out late 50's) which means we will lose our home. I have been ill and the stress is just making me sicker, twice in the hospital in 2 months! We have a toddler that we adopted (grandbaby) when her teen mother died
in a car accident 3 years ago. She has been ill and this is the only home she knows. I am the only mommy she has and I'm afraid I won't make it thru this in one piece. What in God's name can we do or should we do? Very
confused. Wendy

"Brett Weiss" <lawyer@erols.com> wrote in message
news:Ht-dnTyJp74ZZ0Ci4p2dnA@comcast.com... Wendy: Normally, before such a motion is granted, the trustee must first file a motion asking for the extension. You have an opportunity to object. -- Brett

If the trustee did file a motion, we were not aware of it. What we have
specifically is an "Order Granting Motion to Extend Time for Trustee to File
Objections to Property Claimed as Exempt".
The bottom says Done and Ordered a this 10th day of Dec, 2003 and signed by
the bankruptcy judge.

We were nor given any information by anyone that we could object and in fact
the only challenge was on our old vehicle that we owe as much as it's worth
on. Apparently the trustee wants us to get it paid off so he can auction it
off for a couple of bucks. If I sound bitter, I am. We have had a rough time
the last few years and have struggled, first going to Consumer Credit
Counseling (we couldn't make all the payments and let our home slip to do
what we did) who told us we should file a chap 7. I was so upset about it
and that's why we continued beating our heads against the proverbial brick
wall.

Sorry to be long winded but this just isn't fair at all. When do we get a
chance to rebuild? I don't know what else we could have done and this
extension will just cause more destruction to my family. We are trying to go
on with our lives. We are also ready to drive the car to the trustee (IF it
would make it that far...we can't afford the gas for the hog), hand over the
payment book, and tell 'em to "shove it". FTR, wondered about this trustee
until I saw his auction site. So that's what they do with stuff they pull
from dead carcasses!

Wendy

On Mon, 15 Dec 2003 16:26:34 GMT, Wendy wrote:
our vehicle needs replaced but we were trying to wait until the bankruptcy was done before trying to get a loan. We still owe money on it, about what it's worth, payments are $365 a month. Should we just drop the payments and let them pick it up?

I don't understand why you are still making car payments. Since the day you
filed you have had an automatic stay. Your attorney should have told you to
stop making payments on a car that isn't worth anything. You are going to
lose it before it's over with anyway, why do you still throw money at it?

My advice (I am NOT an attorney) is to stop making the payments. Put the
money towards a beater until you can get through the BK ...
--
RickF

"Rick Friedline " I don't understand why you are still making car payments. Since the day
you filed you have had an automatic stay. Your attorney should have told you
to stop making payments on a car that isn't worth anything. You are going to lose it before it's over with anyway, why do you still throw money at it? My advice (I am NOT an attorney) is to stop making the payments. Put the money towards a beater until you can get through the BK ... -- RickF
Apparently our hiring an attorney didn't do anything more than fill out and
file the paperwork! We were not given any advice as to what we should or
could do other than the fact that we were told to get estimates from a
dealer on what it is worth. We did it prior to the hearing. It was not
enough and the trustee demanded, through our attorney, that we get
additional estimates because one of the two original was not on official
letterhead. We were never told that we should or could just stop making
payments. What happens? Do they repo it? Do we turn it in to the trustee or
wait until someone comes to get it? Will the trustee get on our backs about
every little thing? We want to protect our home and keep a roof over our
heads...it's ALL we have. FTR, the attorney we hired is on vacation until
next week so no help or advice available.

Wendy

If you don't want to keep the car, stop making payments. The lender will
repossess it shortly after you receive your discharge. As an alternative,
since the trustee's issue seems to be the value of the car, have your
attorney tell the trustee that you'll surrender it to him/her.

--
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.
************************************************** ***************


"Wendy" <virtual@juno.com> wrote in message
news:HbwDb.33069$Dt6.711776@twister.tampabay.rr.co m... "Rick Friedline " I don't understand why you are still making car payments. Since the day you filed you have had an automatic stay. Your attorney should have told you to stop making payments on a car that isn't worth anything. You are going
to lose it before it's over with anyway, why do you still throw money at
it? My advice (I am NOT an attorney) is to stop making the payments. Put the money towards a beater until you can get through the BK ... -- RickF Apparently our hiring an attorney didn't do anything more than fill out
and file the paperwork! We were not given any advice as to what we should or could do other than the fact that we were told to get estimates from a dealer on what it is worth. We did it prior to the hearing. It was not enough and the trustee demanded, through our attorney, that we get additional estimates because one of the two original was not on official letterhead. We were never told that we should or could just stop making payments. What happens? Do they repo it? Do we turn it in to the trustee
or wait until someone comes to get it? Will the trustee get on our backs
about every little thing? We want to protect our home and keep a roof over our heads...it's ALL we have. FTR, the attorney we hired is on vacation until next week so no help or advice available. Wendy

"Brett Weiss" If you don't want to keep the car, stop making payments. The lender will repossess it shortly after you receive your discharge. As an alternative, since the trustee's issue seems to be the value of the car, have your attorney tell the trustee that you'll surrender it to him/her. -- Brett
Thanks.Initially are motivation was to finally pay a vehicle off so that we
could at least have something to use as a trade in on a better vehicle. We
are within 5 months of paying it off and it is worth just about what that
amounts to according to 4 dealerships. It needs a lot of work done on it but
we know dealers can do it cheaper and sell it for a better price. We had
been looking forward to starting over with a clean slate, the purpose, I
formerly believed, bankruptcy was meant to do. Because the payments have
been so high (our credit wasn't great when we got it at a high interest
rate) we wonder if that will kick us out of a chap 7. We will still have to
go out and find another vehicle and most probably cost us around the same
amount each month, throwing us back into a chap 7! Sheesh, what a mess. If
we would have been advised to get rid of this vehicle in the beginning, our
bankruptcy would be final this month instead of being drug out to the end
of March 2004. One more question, if we surrender the car to the trustee, do
we have to get it there? If we just stop making payments, can we just drive
it until they come and get it? Will that prevent us form getting another
car? FTR, I am wondering if the reason the trustee objected to our car was
that we were still making those high payments. Probably thought there was a
gold lining in it!

Thanks,
Wendy

On Tue, 16 Dec 2003 14:48:27 GMT, Wendy wrote:
One more question, if we surrender the car to the trustee, do we have to get it there?
The trustee can require you to deliver the vehicle. I knew a fella who had
to tow his boat on order of the trustee.
If we just stop making payments, can we just drive it until they come and get it?
Yes. This is what I would do ...
Will that prevent us form getting another car?
No. Beleive me you will have mail offers from dealers trying to sell you
cars even before the ink on your discharge is dry. :-)
--
RickF