TRUSTEE was:Unprofessional,Prejudice,Bias,and Rude

[brzoska]

What is the name of your state? South Carolina

I attended my Chapter 7 (no asset) 341 meeting on 3-18-2005.

At this meeting I could not beleive how Unprofessional, Prejudice, Bias, and Rude my appointed Interim Trustee was.

I should have suspected this when he wrote that he was my appointed Interim Trustee and said, "Please be advised that even though you are appearing Pro Se, I must assume you have the abilities of an attorney when questioning you about your bankruptcy. Please also understand that I am NOT here to help you.
Filing bankruptcy is a very difficult emotional experience without having to deal with an Arrogant, Self-centered, Unprofessional, Prejudice, Bias, and Rude Attorney!

How can I get another Trustee appointed to my Chapter 7?
Please Help

Thanks,
Tom

 

[bigun]

From what you posted, I don't see anything rude or inapproriate.
What problems or questions did he raise about your petition?

 

[brzoska]

From what you posted, I don't see anything rude or inapproriate.
What problems or questions did he raise about your petition?

Bigun:
Thank you for your reply.
Are you an Attorney or have you ever filed bankruptcy?
Questions:
1. Normal, name, address, filed in last 6 years etc. I responded with the correct answers.
2. He then posed questions about my 2004 tax return, autos listed on my Schedule B, bank account information, which statements he had not seen until I handed them to him.
3. He then accused me of filing a fruadlant petition and quoted the USC's Purgury, $250,000 fine rules etc.
4. He then aked my how I accumulated $155,000 in comsumer debt. When I began to explain (umemployment, credit card debt high intrest) he didn't listen and shut me off.
5. I then said may I Please ask you a question...his response "NO..hearing over".
6. I began to remove my documents from the table, he said hurry and remove your items I have another case.

I think this is being rude and unprofessional!

In your opinion can I have another Trust appointed?

Thanks,
Tom

 

[bigun]

No, I'm not a lawyer and never filed BK .
There is obvisuously something questionable about your schedules. What is his basis for the fraud accusation?
I'd suggest you retain an attorney and see if this can be salvaged.

 

[Ladynred]

These panel Trustees are under an enormous case load AND enormous pressure - and with the new law coming, a real SH*TSTORM is headed their way too. The fact is, Pro Se filers are often subjected to far more scrutiny and asked for far more documentation than someone who is represented by a lawyer. That Trustee has heard every reason under the sun for people getting into debt so badly that they file bankruptcy, your story is no different so he obviously didn't need hear any more.

The big question, as Bigun asked, is what might have led him to accuse you of fraud - or did he ?? Its pretty standard to inform debtors that they are under oath and their signature on the forms is a sworn statement that what's in them is the truth and can be charged with perjury and fraud if they're lying.

While the rudeness isn't necessary, maybe the guy had fight with his wife that morning. If this Trustee wants more documentation or has a REAL reason for questioning your petition, you'll get notice of a motion to dismiss, so you may, indeed, want to hire yourself a lawyer - soon.

 

[brzoska]

No, I'm not a lawyer and never filed BK .
There is obvisuously something questionable about your schedules. What is his basis for the fraud accusation?
I'd suggest you retain an attorney and see if this can be salvaged.

Begin:
Again, thank you for your reply.
I agree it is time for me to hire an attorney.

Thanks for all your help and input.

Tom

 

[brzoska]

These panel Trustees are under an enormous case load AND enormous pressure - and with the new law coming, a real SH*TSTORM is headed their way too. The fact is, Pro Se filers are often subjected to far more scrutiny and asked for far more documentation than someone who is represented by a lawyer. That Trustee has heard every reason under the sun for people getting into debt so badly that they file bankruptcy, your story is no different so he obviously didn't need hear any more.

The big question, as Bigun asked, is what might have led him to accuse you of fraud - or did he ?? Its pretty standard to inform debtors that they are under oath and their signature on the forms is a sworn statement that what's in them is the truth and can be charged with perjury and fraud if they're lying.

While the rudeness isn't necessary, maybe the guy had fight with his wife that morning. If this Trustee wants more documentation or has a REAL reason for questioning your petition, you'll get notice of a motion to dismiss, so you may, indeed, want to hire yourself a lawyer - soon.

Ladynred:
I appreciate your candor and advice. It is now time to hire a lawyer.
Quick question, if I change my mind and decide to dismiss the petition myself. Do you know where I can find a form for self-dismissal?

Tom

 

[Ladynred]

Its not that simple to dismiss a Ch 7. In fact, I'm not sure YOU, as the debtor, can ask to have it dimissed at all. There are no provisions in the Ch 7 portion of the BK code for a debtor to self-dismiss their case.. at least not that I've been able to find.

 

[PenutButterChip]

Ladynred:
I appreciate your candor and advice. It is now time to hire a lawyer.
Quick question, if I change my mind and decide to dismiss the petition myself. Do you know where I can find a form for self-dismissal?

Tom

Did I miss something? You want to dismiss the whole thing because the trustee was rude? Who the hell cares, you made it through, right? He didnt say it wasnt going to fly and be prepared to lose....did he? The 341 is the only thing you have to attend to, the rest is in the back office somewhere with some paralegal, you have NO ASSETS, so there will probably be NO OBJECTIONS.

And yes I have filed....and it was PRO SE.