Trustee-Judge, Jury, Executioner?

Question:
I have been going round and round with the trustee of my chapter 7 concerning my form 1 assets. It lists $200 for a landlord deposit which I never received since my wife and I obtained a lease on an apartment we really didn't like not knowing how long we could remain in our house before foreclosure. Well we were able to get out of the deal before we ever moved but forfeited the $200 deposit. Documentation supporting this from the landlord was sent to my attorney who forwarded it on to the trustee but still no update on the form 1. Also listed is $5 for costume jewelry (how nit-picky can they get?), and my '97' Ford Taurus with a petition value of $4000 and an estimated net value of $2100 which are fairly accurate since I owe about $4100 and it's worth around $2100 but yet it still lists $600 as gross remaining value of asset!! Huh?? Did I miss something here or this is the trustee's new math? This car has negative equity and I have reaffirmed on it so it shouldn't even be an issue so where does the trustee get me owing her $600 for it? Also listed are $700 for our paid for '93 Corsica which is fair, $300 for VCR,TV's, Stereo, Etc; $466 for NE WAGES-HIS-EST; $51 NE WAGES-HERS for a total of $2322. I have made repeated calls to the trustee's secretary and nothing has been done. I they do is demand I make a payment. I don't have an extra $600 a month for 4 months to pay this with rent on my apartment etc.and don't feel I should have to pay for bogus figures. No one will explain how they arrived at the figures either. My question is this is there anyone I can appeal this with or does the trustee have the final say in all of this? My attorney warned me if we get this woman for a trustee to watch out.

Answer:
Where is your attorney during this? The Court has the final say on whether there are any non-exempt assets and whether the Trustee is entitled to receive anything. If you object, there must be a hearing before the judge.





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