QUESTION
What can you do if you have a disagreement with the bankruptcy trustee?
Asked on Mar 05th, 2014 on Bankruptcy - Idaho
More details to this question:
I would like to know what a person can do if they disagree with a bankruptcy trustee or even a judge? Can someone give me a link or a form that I would have to fill out? It deals with the fact (and we all have been trained) that we all believe that the only things that are exempt are the social security payments on the means test. This is not true as if you look at the list of exemptions as stated in Title 11 (Bankruptcy Code) under 522.
7 ANSWERS
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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The exemptions you are referring to don't apply to the means test. They apply to what property you are allowed to keep. The means test refers to income that is used to calculate your 6 month average to see whether you qualify for Chapter 7, or, if not, how much you have to pay your creditors. Get an experienced bankruptcy attorney now, it will save you lots of time and money in the long run. Then you should know whether the trustee and judge are right or need to contest the issue.
Answered on Mar 10th, 2014 at 7:42 AM
The judge is there to arbitrate issues that come up with debtors, creditors and the trustee. If you disagree with the judge, you can appeal, but the exemptions are a black and white issue.
Answered on Mar 07th, 2014 at 6:34 AM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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There is no such "form". I think you need to carefully study 11 U.S.C. Section 707 and then look up the definition of "current monthly income" in 11 U.S.C. Section 101 (10A). There are very few exclusions.
Answered on Mar 07th, 2014 at 6:32 AM
2 Awards
If you disagree then you must get your issue before the court. The burden is on the trustee to object to your filing based upon the means test. If the trustee does so, then you can file a response. You will need to go to the bankruptcy clerk's office to file it, as everything is now efiled and you'll need an account to do that. The clerk will assist you. In your response make sure to put the case caption with case number on the top, then set forth your argument why you believe the trustee is wrong.
Answered on Mar 06th, 2014 at 5:10 PM
An exemption is the property you are allowed to protect from being taken by the trustee to pay your creditors. It has nothing to do with what you must disclose on your means test.
Answered on Mar 06th, 2014 at 5:10 PM
Deborah F. Bowinski
It sounds as though you filed your bankruptcy case without an attorney. Did you claim your exemptions on Schedule C in your bankruptcy petition? Did you do so correctly? Many states have their own exemption laws that apply in bankruptcy instead of the Federal exemptions that you are referring to. Other states have schemes where you are permitted to choose between the state laws and the federal ones. Chances are very good that your chapter 7 panel trustee knows very clearly what exemptions you claimed and whether you are entitled to claim them. Trustees don't usually get that wrong. If you did not claim any in your paperwork then you get none. I really suggest that you try to find a lawyer to take a look at your filing documents and whatever communications you have had from your trustee in order to advise you and hopefully help you keep some of your property.
Answered on Mar 06th, 2014 at 5:10 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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In Idaho, only Idaho exemptions are permitted. You cannot claim federal exemptions. Regarding the means test, exemptions are not related. Exemptions relate to property and whether they are considered part of the bankruptcy estate.
Answered on Mar 06th, 2014 at 2:21 PM