Finance Q&A

More problems with the Bankruptcy trustee

Edwards Finance > Loans

Q. Isn't there anyone out there who could give me any kind of advice at all in this situation? I see people in here sharing all kinds of advice and secrets etc but I have written in here a few times now and each time I have written in here it has fallen on deaf ears? WHY? Could you at least tell me if the Trustee has the right to go to this length to hold up a refinancing? If he has the right to not fill out and sign this form when all of the other trustees here are and have been completing and signing these same type of forms for ages, just seemingly to hold up me and my family being able to get our house refinanced and to buy out our bankruptcy here in RI?

A. That is the problem right there, the court/Trustee has issued a generic statement but the way they issue the statements here no one can tell what the heck they mean or how/if the payments are being or if they were paid on time or not. So the banks and/or finance companies have to resort to getting the trustees to fill out and signing a special form stating basically that the person/people who are currently involved in the bankruptcy are and have been making their payments on time. For some reason I ran into a prick of a trustee that simply won't fill out or even sign a form that has been filled out for him that states this for us. He won't give us or our lawyer a reason why he won't do this and has even gone so far as to call our finance officer at the finance company and tell her "I wont sign your damn form or put anything into writing for these people so you can just tell them to stop bothering me about it". Which I think he(the trustee) must have crossed the line of the law somewhere because the finance officer never contacted him directly, she had spoken with our lawyer per our request and then sent him(our lawyer) a letter containing a copy of the form and the reasons why she needed the form completed and signed. Then our lawyer did his thing and filed his motion with the court and included a copy of her letter and form with it. The result was (so far) the trustee calling the finance officer and telling her what I quoted you above. I have a call in to my lawyer for the past two days (which he has not returned yet) but I was trying to get some advice here first before I spoke with him so I kind of knew what to do before I spoke with him because I'm lost in all of this now? I just cannot see why I'm having all of this hassle trying to get a lousy form filled out by our trustee which from what I'm being told is done all the time here in RI and is a normal practice so people here can get their houses refinanced. This has been going on now for several months and has been holding up the refinancing for several months, long enough now so that we could have refinanced our house twice? This is nuts, don't you agree? This bankruptcy should have been paid off at least three months ago if the trustee would have just signed the form. It's not like we are trying to get him to lie as we have been paying on time and everything is on the up & up and this is our first and only bankruptcy ever as a couple and neither one of us has ever filed as a single either.

 


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