susanp Posted March 2, 2012 Report Share Posted March 2, 2012 (edited) My Bk was discharged on December 5 2011. Today I recieved a letter from the Trustee requesting tha t I pay 13,000 because I had to much value in personal property. What do I do......I dont have a penny to pay this debt. Edited March 2, 2012 by susanp Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 2, 2012 Report Share Posted March 2, 2012 Did you use an attorney or were you pro-se. Link to comment Share on other sites More sharing options...
Denita Posted March 2, 2012 Report Share Posted March 2, 2012 Do you have a copy of your entire case?If not, get one. Go to pacer.gov under your bk district and download it. It costs 8 cent per page but it is worth it.The other way to get a copy is to contact your attorney, but it sounds like you either did this pro se or with a mill type attorney. Don't mess with the Trustee. You've been discharged and that bill is due. See if you can make payment arrangements. Does the $13k also include your tax refund from last year or was that a separate request from the Trustee? Link to comment Share on other sites More sharing options...
susanp Posted March 2, 2012 Author Report Share Posted March 2, 2012 I have an attorney and a copy of all mt filings and schedules. The trustee is now telling me he will liquidate my furniture or I pay Link to comment Share on other sites More sharing options...
Denita Posted March 2, 2012 Report Share Posted March 2, 2012 Yep, sounds like your asset valuations (furniture, personal goods) were too high and you showed more than you were allowed to have according to your state's exemptions.Used furniture has very little value unless it is some sort of rare antique.Trustee's know right where to look. They get paid on a commission basis on how much they can recover from each BK estate. Many BK estates have no value so they only make about $60 per case so when they find a case that has actual value over and above the exemption amounts they go for it. First, because it is their job to recover $$ for the creditors (they represent the creditors) and second, because they get paid a portion of the proceeds they recover. I'm sorry you are having to experience this, did your attorney contest the asset valuations at all? Did you have a personal inspection by the Trustee's appraiser? What does your attorney say? Link to comment Share on other sites More sharing options...
susanp Posted March 2, 2012 Author Report Share Posted March 2, 2012 My BK attorney has passed away. I filed Bk in 2005 ....discharged in 2011My personal property exceeded the allowable value because my lawyers did not separate items on Schedule B.I do not have the money or many of the claimed items anymore.I was forced to sell some of the things that I owned and thought after the discharge I had the right to do so. Link to comment Share on other sites More sharing options...
susanp Posted March 2, 2012 Author Report Share Posted March 2, 2012 My attorney did not contest any values.And I have no income from last year. Link to comment Share on other sites More sharing options...
jq26 Posted March 2, 2012 Report Share Posted March 2, 2012 What state? Link to comment Share on other sites More sharing options...
susanp Posted March 2, 2012 Author Report Share Posted March 2, 2012 I filed in PA and now reside in SC Link to comment Share on other sites More sharing options...
susanp Posted March 11, 2012 Author Report Share Posted March 11, 2012 The furniture is not worth the money the trustee wants.I used it for several years to furnish rental units,Should I tell him to come pick it up? Link to comment Share on other sites More sharing options...
Seadragon Posted March 12, 2012 Report Share Posted March 12, 2012 as part of the reason I would reference the attorney mistake. maybe that is the better wauy to go. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 12, 2012 Report Share Posted March 12, 2012 What do you think the furniture is worth now? Link to comment Share on other sites More sharing options...
susanp Posted March 14, 2012 Author Report Share Posted March 14, 2012 The furniture is worth maximum 5000. if i am lucky.Exactly what should my attorney contest?I just find this crazy that after being discharged in December the Trustee just notifies me of this. Link to comment Share on other sites More sharing options...
susanp Posted March 15, 2012 Author Report Share Posted March 15, 2012 The other situation I have to deal with is I am under a court order not to dispose of any marital assets. I have been posting here about my husband who says I committed BK fraud.Well now he is claiming all furniture is his.I really cant continue with costs of lawyers......Sooooo frustrated Link to comment Share on other sites More sharing options...
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