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I'm so upset....it could be starting all over again

5K views 21 replies 15 participants last post by  Anna43 
#1 ·
The attorneys office called about a month ago about 2010 and 2011 tax returns that were supposed to be in the trustees office by may 15th and we were never told? Hubby took them to the attorneys office that friday after the phone call on wednesday. they said they would mail them the followiing monday and it should be ok.

Well, guess what was waiting for us in the mailbox. A letter from the trustee stating she was filing a dismissal for not receiving them. We have to go to court august 13th. I asked the attorney twice I know before and after we filed if we had to turn in tax returns each year and he said both times NOTt unless they were called for. Supposedly the law changed in 2010 and NO ONE told us.

I don't know if she didn't receive them or if it was just the wording being as they were late. but she's filing for a cancellation of the bankruptcy. You can't file again for 6 months. and all the creditors have already been notified along with us. She'll make her decision either on the 13th or there after.

If we have to do that roger said we'll do a chapter 7 not a 13 again. That's complete. So we'll be jobless at almost 59 and 65 cause that means the business would go also.

We were over 2 years into the 5 year payback, never a late payment. 6 months of collectors calling us before we can file again. Possibly garnishing wages and slapping a lien on the trailer.

Ii'm calling tomorrow. but it may be monday and if we weren't the only ones that this happened to the office phone will be ringing off the hook. getting hold of someone will be near impossible. talking to him WILL be impossible..always has been. I'm asking then i'm telling them we want an appointment...period.

If that's true i'm hoping there are 1000's of others in the same boat because the attorneys didn't tell them and the court is swamped. might work in our/everyone's favor. clients can't know if they're not told. Hopefully he doesn't lie and say he did tell us. Then again, if there's a ton of people obviously somethings wrong when they get to court.

I don't know. only thing we'll have left is the trailer and in 6 months SOMEONE will have a lien slapped on it. Need to talk to the attorney about putting it in the kids name...just not sure if that's kosher this close to the date. i don't know i don't know..I DON'T KNOW...
 
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#3 ·
Niko, I am sorry to hear that everything is crashing due to an error on your lawyer's part. He should be contacting the trustee, not you!!! I hope you can get it all worked out without having to start over. Fingers crossed on your behalf...
 
#5 ·
Just called the attorneys office. Supposed to call me back. When I said we wanted an appointment ASAP she asked why. I said regarding the fact the trustee is wanting to cancel our bankruptcy. She immediately said is this because of not turning in tax returns. I said yes but Cory ( one of workers and the only one worth crap) didn't call until the middle of June asking for them and they were due on the trustees desk May 15th and hubby hand delivered them to the Sebring office on Friday after she called on a Wednesday. She put me on hold and when she came back she said Cory would call me back. I asked today? as they aren't very useful with EVER getting back to anyone. She said yes but she was in a meeting. Probably a crapload of people in the same boat and that's what the meeting is about. I don't know that but I'd say what with us getting that letter yesterday so did a lot of other people and more to come and they know it and trying to figure out how to either get their selves out of deep crap or how they're going to handle going to court with multitudes of people.

Even if they call back we still want an appointment and they aren't going to want to make one.
 
#8 ·
Oh gosh Niko.........it does sound like a mess......and it really sucks since it is the attorney that created it............I do hope you can get something worked out.

I would file a complaint against the atty. when all is said and done..........at least it would be on file...........not that much would happen.........unless everyone filed one!

Hugs to you.............hang in there!!
 
#12 ·
Argh......
 
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#13 ·
Cory called back. Got the run a round. Would NOT make an appointment. Said it wasn't necessary.
Said it was a form letter hundreds of people got. Pi$$ed me off and her I liked. When she first called it was the law had changed and she sounded on the frantic side... blah blah...NOW the stories changed to it always should have been turned in to their office. I said HE said only if asked for NOT every year. She said yeah, and they asked for it. She's covering up a huge mistake the office made.


She actually verbalized that I was making a mountain out of a molehill. She said she was sending a letter out today to her ( probably for a ton of people that's called) and that the trustee would cancel the motion. She said it probably crossed in the mail. Well, considering the trustees letter was dated the 2nd of July then his office had it at least 2 weeks before it was sent and Cory said the office had electronically sent it. . I asked if we would get a notice of that and she said yes but it may be close to the august 13th date. hmmm....so if we don't get it it's going to be hell getting ahold of anyone there to talk and impossible to see him.


probably get the you'll get it...you'll get it clear up to the 12th. So if we DON'T get one we'll be at the hearing whether he is or not. And if we don't get one and I call his office on the 9th or 10th and they still say we don't have to go we're going anyway. My fear is that if we don't get the cancellation notice of the hearing and he shows up alone he'll say we were told to turn the papers in AND to show up....and tell us a different story.
 
#14 ·
So if we DON'T get one we'll be at the hearing whether he is or not. And if we don't get one and I call his office on the 9th or 10th and they still say we don't have to go we're going anyway. My fear is that if we don't get the cancellation notice of the hearing and he shows up alone he'll say we were told to turn the papers in AND to show up....and tell us a different story.
This sounds like one big crappy mess..............I think this would be a good move on your part.............and.........BETTER SAFE THAN SORRY.

And............if they had told me I didn't have to show up........for you to SHOW UP anyway........then find out you TRULY DID NEED TO.........I don't think it would be pretty for my part!!!

Good luck.................DON'T FORGET to stop and take a deep breathe once in awhile............your health matters too!! :hug2:
 
#15 ·
And............if they had told me I didn't have to show up........for you to SHOW UP anyway........then find out you TRULY DID NEED TO.........I don't think it would be pretty for my part!!!

Good luck.................DON'T FORGET to stop and take a deep breathe once in awhile............your health matters too!! :hug2:[/QUOTE]

Unless we get an actual letter from the trustee saying the motion has been cancelled and we don't need to then we will be there.

This mess is killing us.
 
#18 ·
Well I missed the first meeting (the one that you are not suppose to miss even if you die) - and my lawyer was able to file a motion to dismiss it and make another meeting. So don't get stressed out! Just stay on top of your lawyer - do not directly engage with the trustee - that is your laywers job! Also don't be transferring assets - you already filed all the paperwork - anychanges you make you will have to tell your lawyer about - you don't want to do anything to make your case worse!

Anytime you "break" the process in bankruptcy - it's the Trustee's responsibility to file a motion to dismiss the bankruptcy - that's their job - your job is to get your lawyer to defend you and get that motion dismissed!
 
#19 ·
Heard from cory..attorneys office. SHE said, which i took with 2 grains of salt until i saw OUR letter, that the trustee dismissed the motion to dismiss. The letter was received Saturday.
So i'm in process of getting records in order to take to the accountant for up to end of June for taxes for this year cause for whatever reason we're always her last priority. we need to be able to have them on attorneys desk by first of may next year...not according to his office but knowing they're supposed to be on HER desk by may 15th that's what we're shooting for. a couple years we turned them in to accountant within a couple weeks in Jan and it was still beat the clock by april 15th.
so i'm working on that today.

On the other side of the coin tho this morning received news that is NOT going to be good. Found out that a lot of the laws changed for licensed recyclers...middle man. Some are a minor annoyance and some are major. A couple of which is going to make it near impossible to stay in business anyway. One is holding product....so pay out and hold/keep your money tied up for a long period of time until you can get it back in order to pay out more. This won't work when you barely have enough business to STAY in business in the first place. The other being no more cash payouts. The law was anything over $999.99 had to be a check. No problem. We did anything over $70 was a check. NOW apparently it's anything period. So if someone brings in a $1 worth of something it's to be a check. Waiting for verification of that but that's what the deputy said he was pretty sure the new statutes said. It's also possible that the check will have to be held for so many days before you can give it to the customer therefore it will have to be mailed. So considering we have a ton of very very small customers that bring in a couple bucks worth of product we will have to not only hold the couple bucks worth of product we won't even be able to pay them even by check...it would have to be mailed. SO, we'll spend 45 cents to mail $1 check. Customers won't do this. They just won't. Also we have a lot of transients that have ID but no bank account. They aren't going to spend $6 to cash a $5 to $10 check much less $6 to cash a $2 check.

I think this is the beginning of the end. No, I know it is. No doubt in my mind. Chapter 7 is waiting in the wings.
 
#21 ·
That's the story. Supposedly. It was supposed to deter theft. The laws were bad then but now they're impossible.

There's a form that's been in effect since Oct 2008. It's the REQUIRED form. While it says FDLE form such and such plainly at the top it says "Sample Form-Provided as a courtesy by the Department of Revenue.....so I think we all know where this is going. Not there yet but getting close.

If I remember correctly when the deputy friend was talking awhile back about what was maybe coming he also said they were trying to make it where no one under the age of 18 could recycle too. Now tell me that's not stupid. Why;...because they could have stolen it? So could the 50 year old woman/man. Another stupid one is no more burnt wire....which when burnt makes it #2 copper. Like that would make a difference in theft. It's a whole bunch of nonsense.

I kind of understand the legal process of the payment by check alone. It completes/adds/cements the transaction if it's a theft. It's deposited in a bank account and/or signed or cashed....it's a paper trail beyond what we do. That's fine ...IF there's a limit of a reasonable amount that you can pay cash. But it's to my deputy friends understanding ( he missed the national class on this one...I want to smack him upside the head) that's it's ANY amount. You bring me your old cooker and it comes to 75 cents and I have to write you a check and A WEEK LATER mail you a check for 75cents that's going to cost ME 45 cents plus envelope to mail. Now, tell me the truth....are you going to ever ever bring something else that small...NO....it's a pain in the ass and not worth it to you. Even to diehard recyclers it's not worth it...and our customers aren't die hard....they, most of them, need the money to live. For some elderly it's grocery money.

It doesn't stop theft. We had one guy caught out here 3 different times. Deputies arrest him...the court lets him go. The first time they got him here the idiot stole a radiator off a gas stations property ...which happened to belong to ANOTHER deputy friend. The idiot knew it. Didn't stop him...he walked anyway.

It will put a lot more small businesses out of business. The bigger Recyclers...near the shipping will be ok. But the smaller ones...will be out of business.

Most thieves do it not only for the money they do it for the thrill. This won't stop a thing.

All comes back to the IRS. As it stands no paperwork is turned over to the IRS. That's the customers responsibility to do so. Not ours. I've said since the paperwork started it's the first step to us/recyclers doing the IRS dirty work for them. I'm betting you. Nothing if any to do with theft...but that's the story and they're sticking to it. Just my opinion.
 
#22 ·
If your case is dismissed due to neglect on the part of your attorney you have legal recourse for malpractice against him. Contact your state bar association and make a complaint then hire an attorney and sue.

In the meantime you can contact the U.S. Trustee for your district and also the Case Trustee and explain the situation. Odds are they are aware if your attorney isn't on the ball. For your information, the requirement for providing the Case Trustee with each year's tax returns is and has been standard for sometime. If you manage not to get dismissed, plan on sending the tax returns directly to your Case Trustee next year. I would deal directly with the Case Trustee for any information requested unless you feel the need for legal advise before doing so sense you obviously cannot trust your attorney to do so in a timely fashion.

Be sure to show up for any and all hearings and tell the Judge exactly what you've said here.
 
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