Feb
15
Bankruptcy Court
Filed Under Bankruptcy Court, Bankruptcy FAQ, Bankruptcy Trustee, Family, NYS Bankruptcy, Pre-Filing, bankruptcy-questions
Bankruptcy Court:
The day had finally arrived and we were to be at the Bankruptcy Court by 10:30am. This actually worked good for us, we were able to get the kids on the bus and based on what they attorney told us, we’d be home in time to pick them up from the bus. The attorney had requested that we meet him at 10am for a final review and some coaching.
As we drove to the courthouse we both stayed silent. Everything that could have gone through my mind (in that ride) did. Like, why is she so quiet? Is she that disapointed in me? What would the judge ask us? I wonder if we’ll get our next tax return. Did I disclose everything? Why isn’t she saying anything?
Then out of the horizon (or the right from the parkway) we saw it. The Courthouse. It stood as tall as the sky would allow and the parking lot was sea of cars. She reached over and took my hand and said “we’ll get through this together” and like that I found a spot and parked my car.
We had to go to the 5th floor, which was clearly labeled “Bankruptcy Court“. I kind of wish they had a seperate elevator or entrance for the Bankruptcy Court. Because everyone in the jam packed steel box had selected every other floor in the building but floor five. You knew as your finger extended to press that dreaded number five that everyone was going to think down on you. They’d know that you can’t pay your bills and that you’re asking Uncle Sam for help. Whatever… Fuck them all, this is my family we’re talking about. So yeah it hurt to press that button and have those stares or fake smiles come my way but in a few minutes/hours we’d have fresh start.
Our attorney was speaking (loudly) to a single mother, outside the doorway. He instructed us to go inside, sign-in and read a form. The waiting room was full. Not a seat in sight. I wasn’t sure what to expect when entering this room but I was surprised to see average Joe’s, like me. Of course there was the one’s that just screamed lazy or those that had given up but they were in the minority.
The buzz in the room and out in the hall was the three to four hour delay the courts were having. After our attorney finished with the women he was speaking to he came over to us. We showed him all the paperwork he asked us to bring. He then started firing some test questions to us that the judge/trustee will ask us:
- Do you have any timeshares?
- Answer: NO! - What did you do with your tax return from last year?
- Answer: Fixed the roof over the kids room. - What did you do with your stimulus check?
- Answer: Used it for my attorney’s retainer fee. - What did you do with the money from your second mortgage?
- Answer: Paid down bills and oil. - Does anyone owe you any money?
- Answer: NO! - Are you involved in any litigation’s that will bring you money?
- Answer: NO!
He seemed a little concerned over the second mortgage. He said that as far as the courts are concerned I could have that money in a shoe box under my bed. He instructed us to tell the truth and be prepared to state the creditors we paid if the trustee asked us.
It was 2:30pm and we still had not sat with the trustee. Our first child is out of school and at our bus stop by 3:35pm, so my wife was plenty concerned. At this point we were in the room with the trustee in last row of the room listening to all of the other hardship cases coming before us. For the most part the were the same questions for each person, the trustee would then say nothing further and then call the next person.
When the next person was called my attorney had stood up and advised the trustee that this person was his client but he would like to have us seen first because our child was not going to have anyone to meet them at the bus. The Trustee was more then happy to oblige and so we made our journey to the front of Bankruptcy Court.
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