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14

Dec 2020

Chapter 7 Trustee Janet Meiburger

Posted by / in Weekly Posts /

Chapter 7 Trustee Janet Meiburger

Janet Meiburger is one of the four Chapter 7 trustees in the Alexandria Virginia Bankruptcy court. When you file a bankruptcy case in Alexandria, the computer assigns you to one of the four trustees.

Lawyers are appointed Chapter 7 trustees as a part-time assignment.  Janet Meiburger has her own law firm in McLean, VA where she handles her own bankruptcy clients, plus business law, commercial law and civil litigation. She is the newest of the trustees here.

Chapter 7 Trustee, Janet Meiburger

Chapter 7 Trustee, Janet Meiburger

As a Chapter 7 Trustee, she has two sets of bosses.  The US Justice Department, through the Office of the United States Trustee.  And the two Bankruptcy Judges here, Judge Brian F. Kenney and Judge Klinette H. Kindred.

We paid a $335.00 filing fee when we filed your bankruptcy case. Sixty dollars of that went to Trustee Meiburger.  Since her hourly rate is $450.00 an hour, that $60.00 would be her fee for eight minutes.  (A recent study suggested $120.00 for Chapter 7 trustees would be better.)

As your Chapter 7 Trustee, Janet Meiburger is in charge of your bankruptcy hearing, which is called the “meeting of creditors.” There are very, very rarely any creditors at the meeting of creditors.  So the Chapter 7 Trustee asks the questions. (Because the trustee is not a judge, she should be called “ma’am” not “your honor.”)

For now, bankruptcy hearings in Alexandria are by telephone. For the Janet Meiburger hearings, you should call (866) 652-2725 using the code 5661649.

The bankruptcy court computer schedules fourteen hearings an hour.  That’s just over four minutes per case.

Since she’s only been paid to spend a total of eight minutes on you, you might guess Janet Meiburger would rush through her cases.  But she doesn’t.  She is very thorough in her questions.

Every trustee is supposed to ask, “Did you sign the papers your lawyer sent to the court?” And “Did you read them or have them explained before you signed them?”  Trustee Meiburger goes two steps further, asking “Did your lawyer give you a copy? And did you review that copy before the hearing today?”

So be sure to look at your papers again before your court date. If there’s a mistake, we want to correct it.

 

UPDATE  The Bankruptcy trustees get their raise.

The Chapter 7 bankruptcy trustees did get their fee increase from $60.00 to $120.00 per case.  Congress passed it in December and the President signed January 12, 2021.  

It was the first raise for Bankruptcy Trustees in nearly 30 years.

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10

Dec 2020

Until the Buffalo Squeals

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Hold on to the Nickel until the Buffalo Squeals

They stopped making the Buffalo nickel in 1938, long before I was born. But I saw plenty of them when I was young. 

When to stop paying

Paying the car and rent are more important than keeping the credit cards current.

I also heard plenty about them from older folks who had lived through the Depression. “Hold on to the nickel until the buffalo squeals.”

A nickel doesn’t buy a Hershey bar any more. And the Jefferson nickel is all you see. But in tough times “hold on to the nickel until the buffalo squeals” can still be good advice.

When to Stop Paying? It’s different for everybody

There’s no specific advice I can give you on when to stop paying your credit cards. Certainly as long as you can foresee a day when they will be paid off, you may want to keep paying. But is continuing to pay just putting off the inevitable? Will your savings run out long before the debts are paid off? Paying the car, the rent or mortgage, electric bill−those are more important than keeping the credit cards current.

 

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05

Dec 2020

Chapter 7 Trustee Jason Gold

Posted by / in Virginia Bankruptcy, Weekly Posts /

Chapter 7 Trustee Jason Gold

Jason Gold is one of the four Chapter 7 trustees in the Alexandria Virginia Bankruptcy court. When you file a bankruptcy case in Alexandria, the computer assigns you to one of the four trustees.  

Being a Chapter 7 Trustee is a part time job for lawyers. Gold is a partner in the Nelson Mullins law firm, where he heads up the bankruptcy and financial restructuring group.  That means he does complicated business and real estate bankruptcy work.

Chapter 7 Trustee Jason Gold

Chapter 7 Trustee Jason Gold

As a Chapter 7 Trustee, he has two sets of bosses.  The US Justice Department, through the Office of the United States Trustee.  And the two Bankruptcy Judges here, Judge Brian F. Kenney and Judge Klinette H. Kindred.  

Out of the $335.00 filing fee that you paid to the court when we filed your case, $60.00 of that went to Trustee Gold.  Since his regular hourly rate is $580.00 an hour, that $60.00 would be his fee for 6 minutes 12 seconds.  (A recent study suggested $120.00 for Chapter 7 trustees would be better.)

As your Chapter 7 Trustee, Jason Gold is in charge of your bankruptcy hearing, which is called the “meeting of creditors.” There are very, very rarely any creditors at the meeting of creditors.  So the Chapter 7 Trustee asks the questions. (Because the trustee is not a judge, he should be called “sir” not “your honor.”)

NOTE for call-in hearings. During the covid emergency, the bankruptcy hearings are telephonic. The telephone number for the Gold hearings is (877) 973-4749 using the code 9974082

The court’s computer here schedules fourteen hearings an hour.  That’s just over four minutes per case.  

The fast schedule, and the low fees, give the  Chapter 7 trustees an incentive to move through the cases quickly. To keep his cases moving, Gold has a form we fill out before your hearing.  If there’s nothing unusual about your case, he asks his questions straight from his form.  Here it is.

To Keep his Cases Moving, Jason Gold uses this form.

Notice here he asks specifically about the Order to Debtor. Besides telling you to show up for your hearing, the Order to Debtor says that if someone dies and leave you money in the next six months, you have to tell the court.

 

 

 

 

 

UPDATE  The Bankruptcy trustees get their raise.

The Chapter 7 bankruptcy trustees did get their fee increase from $60.00 to $120.00 per case.  Congress passed it in December and the President signed January 12, 2021.  

It was the first raise for Bankruptcy Trustees in nearly 30 years.

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21

Nov 2020

Chapter 13 Trustee Thomas Gorman

Posted by / in Virginia Bankruptcy, Weekly Posts /

Chapter 13 Trustee Thomas Gorman

Thomas Gorman is a lawyer. He’s the Chapter 13 Trustee for the Alexandria VA Division of the US Bankruptcy Court. That’s a full time job. He was appointed in 2009.

He runs your Chapter 13 bankruptcy hearing, called the “meeting of creditors.” Creditors hardly ever attend the meeting of creditors. Gorman asks you the questions.

Here’s the call-in info for your bankruptcy hearing with Trustee Thomas Gorman.  (866) 630-6853 using the code 6786636.

Here’s What to Expect on your Meeting with Chapter 13 Thomas Gorman

More than any other trustee in Alexandria VA, Gorman looks for opportunities for humor.  When these hearings are in person, he does things like make fun of the lawyer’s ties. (Sometimes I wear and ugly tie just so he can make fun of it.)  That’s harder with phone meetings, but if something comes up that he can turn into a joke, he does.  I think that’s a good thing. It helps everyone relax.

One thing does make him mad.  He asks everyone if you have filed bankruptcy before. If the answer is Yes, but you say No, he hits the ceiling. So you do not want to make that mistake. You don’t want the person in front of you to make that mistake, either. He stays crabby even when he’s on to the next person.

He usually does NOT ask about any unusual calculations we make. Some people’s budget will have higher average medical expenses or help for elderly parents.  Typically he will NOT ask about them during your hearing. But then…

Expect an objection in the mail in a couple weeks

Thomas Gorman office 300 N Washington St

When he goes back to his office, at 300 N Washington St, Chapter 13 Trustee Thomas Gorman searches for things he can object to.

When he goes back to his office, he looks over your papers very, very closely, looking for things to object to. When he was first appointed, the judge told Trustee Gorman to bring close questions into court, instead of settling them himself. That’s what he does. He finds something to object to in almost every case.

The friendly, funny Trustee Gorman who did your hearing turns mean in writing a couple weeks later.  He says he doesn’t like this, you didn’t explain that, and your lawyer made a mistake about this other thing.  He asks for your case to be dismissed.

People who read those written objections freak out. But that’s just the way it works in the Alexandria VA bankruptcy court. 

Trustee Gorman thinks it’s his job to squeeze a little more money out of everybody. Working out Gorman’s objections is just next step in the process of getting your case approved.  

Reminder: Here’s the Chapter 13 Mailing Address

There’s a bank in Memphis that handles the payments for most of the bankruptcy courts in the country. (They have different PO Boxes for the different Chapter 13 trustees.)

Here’s the payment address for Thomas Gorman, the Chapter 13 Trustee in Alexandria VA.

 

                                               Thomas Gorman, Trustee
                                               P.O. Box 1553 
                                               Memphis, TN 38101-1553

Be sure to put your case number on your check. Otherwise it could go into  the account of another person with a similar name. And don’t bounce your checks.

 

 

 

 

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10

Nov 2020

We Stop Navy Federal Trying to Pull a Fast One

Posted by / in Chapter 13 Bankruptcy, Weekly Posts /

We Stop Navy Federal Trying to Pull a Fast One

This is a story of Navy Federal trying to take unfair advantage of a disabled vet; and how we were able to stop them.

Harry is the disabled vet. He wasn’t able to quite make ends meet when he filed Chapter 7 Bankruptcy in 2015, even though he was working. His biggest creditor then was Navy Federal.  He had a credit card, a personal loan, and a car loan with Navy.  He gave up the car—it was a 2007 with 131,000 miles.

Three years later, his health got worse. He lost his job and with it part of his income. Then, this year he go behind on his mortgage, talked to me, and we put him in a Chapter 13 payment plan, so he could catch the house up.

Up pops Navy Federal, demanding to be paid.  Demanding to be paid on the car he gave up in his 2015 bankruptcy, and the personal loan he cleared; and the credit card he cleared.

Navy Federal demands to be paid on debts that were cleared in bankruptcy five years before.

That set off the Chapter 13 Bankruptcy Trustee.  Not at Navy Federal; the trustee went off at Harry.  “You were supposed to list everybody you owed money to and you left Navy Federal out. Why’d you do that?”  The trustee asks the judge to toss out Harry’s payment plan, saying Harry had lied to the court.

My first job as a lawyer was to calm the trustee down. Harry could lose his house if his payment plan got tossed out.

Now, Navy had to know about the bankruptcy. Because if they’d been asking for payment during these five years, we’d have set them straight. They never did. they didn’t say anything until the slip their paper—called a proof of claim—into the bankruptcy court.

Maybe it’s an honest mistake.

They Probably Broke No Rule

Supreme Court

In Midland v Johnson, the Supreme Court said a “proof of claim” doesn’t have to be valid, it just has to be a claim.

The odd thing is there’s probably no rule broken here.  Even if they did it on purpose. In a case called Midland Funding v Johnson, the Supreme Court looked at the word “claim.” When creditors want to be paid in a bankruptcy, they file a paper called a Proof of Claim.

According to the Supreme Court, there’s nothing that says the “claim” has to be enforceable, it just has to be a claim. The burden is on Harry—and me, his lawyer—to catch them when they try to pull a fast one.  This time, we did.

 

 

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01

Nov 2020

If one of you is filing, we still need a whole family budget

Posted by / in Weekly Posts /

If just one person in the marriage is filing bankruptcy, we still need a whole family budget.

The question comes up all the time.  “Can I file bankruptcy and leave my wife/husband out of it.” The answer to that is, Yes.

But to get your case approved, we need to submit a whole family budget. That means we need to see the paystubs for both of you. And the expenses, rent food, utilities, car payments, etc. We need the total for both of you.

Some families put all the money in one account, and then one person writes out the bills. That makes this whole family budget pretty easy to do.

But a lot of folks don’t do it that way. “I don’t know what his car payment is; he pays it.” I hear that a lot. Or, “I make the rent payment, she buys the food.” It’s OK to do it that way, but we still need to show the court a whole family budget.

Many people can’t seem to get this right on the first try.  They give me the whole amount for the mortgage payment or rent, but for the clothing budget or health care, they give me only their total.

Whole family budget includes shoes.

Guys, $40 a month doesn’t keep your teens in shoes.

Whole Family Budget: Be Realistic. Be Accurate.

I see parents, often dads, with three teens at home, put down $40 a month for clothing. Guys, that $40 a month doesn’t even keep those kids in shoes. (The IRS and Bureau of Labor Statistics says $305.00 in apparel and services for a family of five.)

I’ve helped fifteen thousand people clear their debts. So, I have a pretty good idea what causes financial problems.  And it’s usually sudden loss of income and medical issues. But even if that’s what got you into debt, better budgeting can help you stay out and save. So if as a couple you don’t really know what each other is spending money on, sit down and get it straight.

That will help you get your bankruptcy approved and your debts cleared. And also help you make the most of your new start.

PS. I need to talk here about what the bankruptcy law calls “marital adjustments.” We are allowed to show on your budget money that your spouse does NOT bring home to the family.

Does the spouse have student loans? Is the spouse send money to an elderly parent or grand parent? We need to account for those in the whole family budget.

Is there an addictive behavior? Gambling? Smoking? Drugs? That’s will make the family budgeting discussion harder. But it makes getting your bankruptcy approved easier. So you need to put a dollar amount on it. And tell me.

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25

Oct 2020

Reviews Just reviews

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Read Our Bankruptcy Lawyer Reviews! More than 800 Five-Star Reviews from People Like You

  Reviews for Bankruptcy Law Office of Robert Weed

814 customer reviews

Average rating:5

  Laura M. Jones,…

There are no words to express our gratitude for the care, attention and expertise demonstrated by this wonderful, caring lady. Laura went above and beyond to help us with my…
by Aldo & Linda E on 07/10/2020

  Systematic…

Bob and his team have a tried and proven system for preparing your case for the court. They are able to assist with unique issues and they provide excellent follow up when you…
by Terry G on 06/17/2020

  Great Customer…

Called and asked for assistance with a case that was handled for me five years ago. For a nominal fee, I got just what I needed in a matter minutes. Awesome!CR
by Chris R on 06/08/2020

  A true advocate

Reached out to his office on Friday afternoon, had an appointment scheduled for Tuesday morning by phone, and only because it was a three-day weekend. Bob provided the counsel…
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Bob and his office have made this whole process such a pain free process. They are highly experience and will get the job done promptly and effectively. I highly encourage anyone…
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24

Oct 2020

When you file bankruptcy, they make it hard to pay your car payment

Posted by / in Chapter 7 Bankruptcy, Weekly Posts /

When you file bankruptcy, they make it hard to pay your car payment. Be prepared to use the mail.

You file bankruptcy and you want to keep your car. You know that means you need to keep paying.

Seems like the car finance people would welcome your payments; but they make it hard. That may be the most annoying thing that happens when you file bankruptcy. So be prepared.

If you know what to expect, here’s how to prepare.

Here’s the key info you need to round up, before we send in your bankruptcy papers:

Your account number

Your payment address

The date each month the payment is due

The date of the final payment

When you file bankruptcy, the car finance company will stop sending you bills. If you had an automatic deduction from your bank account, they will turn that off. They will shut off your internet access for your account.  And if you call for information, you probably won’t get is.

All that is pretty annoying.  (I explain here that’s because “you don’t have to pay.” Of course the car still has to pay.)

Here’s how to make your car payment when you file bankruptcy. You can use the mail.

How to make your car payment, when you file bankruptcy. You can mail a check every month.

How to make your car payment, when you file bankruptcy. You can mail a check every month.

So once you file bankruptcy, paying the car is like paying the rent; you need to remember it on your own.

You can make a note on your calendar to mail them a check every month. Or you can use your bank’s bill pay to automatically send a check. (Filing bankruptcy stops the car finance people from taking money automatically from your account. But it doesn’t stop your bank from sending money automatically from your account.)

That’s why you need to track down the account number and payment address before we send in your bankruptcy papers. So you have all the info you need to set up that bill pay with your bank.

If you know what to expect, it’s really not that hard.

And if it’s the most annoying thing about filing bankruptcy, well, for most people bankruptcy works.

 

Read Our Bankruptcy Lawyer Reviews! More than 800 Five-Star Reviews from People Like You

  Reviews for Bankruptcy Law Office of Robert Weed

814 customer reviews

Average rating:5

  Laura M. Jones,…

There are no words to express our gratitude for the care, attention and expertise demonstrated by this wonderful, caring lady. Laura went above and beyond to help us with my…
by Aldo & Linda E on 07/10/2020

  Systematic…

Bob and his team have a tried and proven system for preparing your case for the court. They are able to assist with unique issues and they provide excellent follow up when you…
by Terry G on 06/17/2020

  Great Customer…

Called and asked for assistance with a case that was handled for me five years ago. For a nominal fee, I got just what I needed in a matter minutes. Awesome!CR
by Chris R on 06/08/2020

  A true advocate

Reached out to his office on Friday afternoon, had an appointment scheduled for Tuesday morning by phone, and only because it was a three-day weekend. Bob provided the counsel…
by Mark V on 05/26/2020

  Professional at…

Bob and his office have made this whole process such a pain free process. They are highly experience and will get the job done promptly and effectively. I highly encourage anyone…
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25

Sep 2020

Consumer Finance Protection Bureau Won’t Chase Underground Debt Collectors

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Consumer Finance Protection Bureau Announces They Don’t Chase Underground Debt Collectors

“We are unable to send your complaint to the company for a response.” That’s what the Consumer Finance Protection Bureau told Chuck Sterling. “The company is not in our complaint system.”

Chuck, a former client, received an email today, threatening to “take him into custody” and “transfer to prison” unless he paid a non-existent payday loan of $2471.15. Threatening jail for failure to pay an honest debt–much less a fake one–violates federal law.  The Federal Trade Commission has authority to sue debt collection companies who violate the law, ban them from the business and impose steep financial penalties.  The Consumer Finance Protection Bureau has a complaint form on their website and claims to follow up on each one.

The follow up to Chuck was, we’re not doing anything because we don’t know who these people are. Apparently they don’t chase debt collection scammers who are hiding out.

That kind of slack enforcement of consumer protection laws by the CFPB has become more common in the last few years.   

 

 

 

 

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06

Sep 2020

Virginia Homestead Exemption too low to protect this Widow.

Posted by / in Virginia Bankruptcy, Weekly Posts /

Told a Widow this Week, She’ll Lose her House because of COVID and Business Debts

I had a heart-breaking call this week with a widow, who lost her small shop in the COVID depression.

Small business

Widow lost her small shop in the COVID depression. The Virginia homestead exemption is too small to protect her house.

She has about $65,000 in business debts and no way to pay them. 

If she tries to file Chapter 7 bankruptcy here in Virginia, the bankruptcy trustee will sell her house to pay those debts. Virginia law protects real estate that belongs to a married couple–but she’s a widow.

Bankruptcy is set up by the Federal Government, but each state sets its own rule on how much real estate equity you can protect. (That’s called your homestead exemption.) Thanks to the new majority in the Virginia General Assembly, you can protect $30,000.00 in equity. (Up from $5,000.00. The Virginia homestead exemption had been the lowest in the country.)

This widow has a little over $100,000.00 in equity, so the Virginia homestead exemption isn’t enough for her. She may need to sell the house to get cash to survive, because she lost her business, and isn’t social security age yet.

I like to say I can help almost everyone who contacts me; but I can’t help her.

PS Virginia Homestead Exemption is still near the bottom

While Virginia increased our homestead exemption from $5,000.00 to $30,000.00, it’s still near the bottom of the fifty states. You can protect 100 acres of Texas, 160 acres of Florida.  You could own the entire District of Columbia. Just this week California increased their homestead exemption from $75,000 to $300,000, in the rural counties. And up to $600,000 in in the urban areas.

Here’s a slightly outdated breakdown of the homestead exemption of all fifty states.

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NORTHERN VIRGINIA BANKRUPTCY LAW OFFICES