Feeling Played by my Trustee --> Opposition of Discharge of Bankrupt

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MadHatter

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I could really use some advice.

I was about $24/k in the hole when I first saw my Trustee. We tried a Consumer Proposal, it was rejected. There was one last meeting for it which I swear I wasn't told I needed to be present for. It was in the early afternoon, my trustee "attempted" to reach me by phone *and* email at home. Being that I was at work, I missed those otherwise I could have hopped a taxi and been there in 10 minutes. The only reason I knew I missed the meeting was a phone call a half hour AFTER the meeting was scheduled by my Trustee at my work number.

I'd clearly provided my home and work phone numbers and my home and work email addresses. So I was told I missed the meeting, my Proposal was kaput now I could only do a bankruptcy. So... I was pissed off and not unimpressed by how  badly things went.

Fast forward to three weeks ago. My last bankruptcy payment was supposed to be this month (March) but my Trustee calls and says she's missed my last two monthly reports. (Personal issues, I'd forgotten.) So I send them in the next day and she calls me to go "Hmm... you're making too much money." I say "Excuse me?" She says, "Well yes - are you sure that's your net income." And I tell her that yes, it is. So she tells me there's a problem, I'm making "way" too much.

She emails me a PDF the week after to show that according to some new calculation, I should have been making over double the bankruptcy payments I had been for the last 23 months, to a total of just over $7k. I feel out of my chair. I've only ever paid what I was told to pay. When I started off, I provided my Trustee with three pay stubs and I'm in the same position that I was back then. So now I've received a "Notice of Intended Opposition to Discharge of Bankrupt" which means some form of court date in April which my Trustee is VERY keen to get me to.

Needless to say, I barely believe anything these people are telling me. I read somewhere that if the amounts you pay for a bankruptcy are increased by over $200, your bankruptcy is automatically extended 12 months in order to get caught up. But my Trustee is saying to just do the court date and plead my case.

So... what the heck can I do? Do I fight the Opposition to Discharge? Is the court thing really my best bet? Help!

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Nevergiveup

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Re: Feeling Played by my Trustee --> Opposition of Discharge of Bankrupt
« Reply #1 on: December 02, 2013, 12:47:40 AM »
I would get a lawyer to represent  me at the court.

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drogers18

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Re: Feeling Played by my Trustee --> Opposition of Discharge of Bankrupt
« Reply #2 on: January 21, 2014, 11:46:45 AM »
I am experiencing nearly the same situation you are and am quite terrified. I am curious what happened for you? I was opposed discharge as well, strictly as a result of not scheduling a second couscelling session, which i was not by any means opposed to. Theyve given me the opportunity to attend the session, but stated it would only "help my case" for the court hearing which i must still attend.

Please help! The last thing i want is for this bankruptcy to be extended!

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Stewart

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Re: Feeling Played by my Trustee --> Opposition of Discharge of Bankrupt
« Reply #3 on: January 22, 2014, 12:44:03 PM »
I am experiencing nearly the same situation you are and am quite terrified. I am curious what happened for you? I was opposed discharge as well, strictly as a result of not scheduling a second couscelling session, which i was not by any means opposed to. Theyve given me the opportunity to attend the session, but stated it would only "help my case" for the court hearing which i must still attend.

Please help! The last thing i want is for this bankruptcy to be extended!

Schedule your counselling session at the earliest possible opportunity, attend with bells on and talk to your trustee. The counselling sessions are a requisite part of the bankruptcy process and it can be seen as quite callous of you not to attend. Explain what was going on in your life and why your attendance was delayed, hat in hand, and ask for clemency.

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drogers18

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Re: Feeling Played by my Trustee --> Opposition of Discharge of Bankrupt
« Reply #4 on: January 22, 2014, 01:21:50 PM »
Thanks for the reply Stewart.

I did just that yesterday, and as it was explained to me, the opposition to oppose discharge would have proceeded regardless of this counseling session as I have had surplus income over the past 20 months, a court hearing is now in essence "a formality" as I did not attend the second counseling session, and that having attended it now, they will proceed in my favor. They're suggesting however that the (approximate) $4500 in surplus income I have had needs to be paid, and if that's divided into the same $205 payments I have been paying, I am looking at 20 more months to my bankruptcy. What I don't understand about this is that if I had been making too much or had too much surplus, why had they not simply upped my payments? Surely they could have done so as they did one month when I had a double paycheck scenario. It was explained that if I had more surplus, I could have contributed more myself. I was completely unaware this was possible. Had I known it was, I would easily have simply doubled my payments each month to be rid of this sooner. I truly feel I am being duped, and I have about 2 months now to deal with this before my hearing, and I deeply concerned that I now need a lawyer.

Someone please help!

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resejami

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Re: Feeling Played by my Trustee --> Opposition of Discharge of Bankrupt
« Reply #5 on: January 22, 2014, 04:35:00 PM »
Hi Everyone, I'm probably too late for the discussion but I'm very very upset and need help! I got myself involved with a car loan which worked out to $400 a month, plus my insurance, rent, phone,  credit card, grocery, gas etc. I got the car in April 2013 and by July 2013 realized it was a huge mistake but couldn't give it back so got a 2nd full time job. After a couple of months of working over 80 hours a week, I crashed!
I spoke to my doctor who suggested i try getting debt counseling. By the time i started the process it was October 2013.
The Loan company tried to convince me to keep the car and i did try every way possible to get the money to pay what i owed outstanding plus my regular payments, but i was so behind by that time that it was no use!
So in December the loan company advised to take the car to the Auction in Milton.
I was sent a letter advising that the car was gonna be put up for auction as soon as possible but the option for me to keep the car was there. However in the process, until the car was sold, there would be charges for storage, interest, etc.
I am panicking because the proposal is supposed to help me out so that i can manage my financial situation. It seems ad though the loan company is not going to allow that.
I'm confused, frustrated, upset!!
Is this how it supposed to happen cause maybe i should just do a bankruptcy?!
If you can help, i would really appreciate it!
 
 ???  :(

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NotATrust-E

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Re: Feeling Played by my Trustee --> Opposition of Discharge of Bankrupt
« Reply #6 on: January 24, 2014, 04:01:01 PM »
I don't know your situation, but there are a few things to consider. I'm assuming you haven't been bankrupt before - otherwise, different rules apply. If the trustee had seen that you had surplus at the outset, they should have told you that you would have a 21 month bankruptcy AND that you would have surplus income payments. They should have caught this at your first and second counselling sessions. The bottom line is that if you have surplus, as a first time bankrupt, you will have a 21 month bankruptcy. They could have been more helpful and warned you in advance, but the 21 months is a requirement. Thankfully, the court hearing is usually a formality, as long as you've done your counselling AND paid your surplus. If you haven't paid your surplus by the time the hearing rolls around, you may just get a conditional order to pay off any remaining amount.

Thanks for the reply Stewart.

I did just that yesterday, and as it was explained to me, the opposition to oppose discharge would have proceeded regardless of this counseling session as I have had surplus income over the past 20 months, a court hearing is now in essence "a formality" as I did not attend the second counseling session, and that having attended it now, they will proceed in my favor. They're suggesting however that the (approximate) $4500 in surplus income I have had needs to be paid, and if that's divided into the same $205 payments I have been paying, I am looking at 20 more months to my bankruptcy. What I don't understand about this is that if I had been making too much or had too much surplus, why had they not simply upped my payments? Surely they could have done so as they did one month when I had a double paycheck scenario. It was explained that if I had more surplus, I could have contributed more myself. I was completely unaware this was possible. Had I known it was, I would easily have simply doubled my payments each month to be rid of this sooner. I truly feel I am being duped, and I have about 2 months now to deal with this before my hearing, and I deeply concerned that I now need a lawyer.

Someone please help!

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raymondkroberts

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Re: Feeling Played by my Trustee --> Opposition of Discharge of Bankrupt
« Reply #7 on: January 27, 2014, 11:31:22 PM »
Choosing the right trustee who can represent you on behalf of creditors is a task that needs to be done carefully. Options such as negotiation and proposals need to be considered before going on to opt for bankruptcy. Trustees do have their payments as they have lot of work to do getting the best options available for you. Do regularly follow up the activities of the bankruptcy trustee and do find regular time to sit discussing various options in bankruptcy. My friend recently got help from a bankruptcy trustee in Toronto known as Kevin Thatcher & Associates Ltd. and they offered him with reliable bankruptcy services.

 

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