23 June 2015

The Beat Goes On

Last night in the mail I received a note from the Trustee’s Office in regards to my late partners Bankruptcy.  They want a copy of his Income Tax Return for 2014 and also any refund that he received above $750.00 goes to them.  If I don’t comply within 30 days they will dismiss the case.  I chuckled when I read this.  The level of incompetence that I am dealing with both on the part of the Attorney and the Trustee is unbelievable.  Hello he’s dead and there won’t be any tax return forthcoming.  When there is no income then there is no reason to file a tax return.  I realize that it was a form letter and it was sent by a minion in his office but still it’s kind of important to know if the debtor is dead or alive.  Doh!

So I just checked the status of the case and the Court has notified all interested parties about the application for a hardship discharge.  It’s giving them each one month to respond and then a ruling will be forthcoming.  However, the timing of this will be critical.  The objection date is 07-23 and The date the Trustee’s office said they would submit a motion to the court for non payment is 07-25 (I am not certain and won’t know until I get home).  My hope is that the court makes their ruling BEFORE the Trustee can file his motion for dismissal.  If a Discharge is granted then it’s for sure I am 100% protected, if not then it will be a wait and see approach.  So I am prepared for the BIG decision and will be anxiously awaiting to see how this turns out.  It will be a very good thing when I can put this behind me and be able to move on with life. 

Last night I got a call from my brother, which was a total surprise.  Turns out my mom didn’t make up the whole deal about a creditor says she owes them money.  So I explained to him that what is needed is the source of the information or in simple terms where is the bank getting this from.  Her credit reports are clean.  Then what type of debt is it mortgage debt, credit card debt, personal loan debt.  If it’s credit card debt then she can sue the creditor for violation of the courts discharge order and collect money.  I told him that it’s probably a good idea to check with the County to make sure there aren’t liens filed against the property, if it’s a creditor that was discharged then that too would be a clear violation of the courts order. 

Then we moved on to the part where he started asking me for relationship advice.  So he is caught in the middle between having to care for our mom and trying to maintain a relationship with his girlfriend.  He told me that his girlfriend told him to ask me for advice.  I think the conversation had a different twist on it.  I think she wants me to start taking care of mom so she can have my brother.  Sorry but that isn’t going to happen.  I told him that he needs to sit down with his girlfriend and have a frank conversation.  He needs to find out if she is okay with things as they are now with the possibility of exploring new options when her lease is up.  Meaning they could find a house and move in together.  If she is willing to work with him then I told him it showed promise but if she was close minded then no matter how much he loved her it wouldn’t work.  He is afraid of losing her because he really loves her.  I explained to him that a relationship is all about give and take – compromise.  Sometimes you get to give and other times you get to take, but you have to be willing and able to do both or it just won’t work.  I am no love doctor or expert by any means.  I know based off of the long term relationship that I was in that there is a lot of compromise.  It sounds like he is going to have his heart broken, she seems to me like the controlling type and if it can’t be her way then oops she can’t be bothered.  I am not now nor was I ever a fan of her’s.  If he chooses to be in a relationship with her that is perfectly fine.  I told him that as for mom he has the option to tell the court that he wishes to withdraw as her guardian and then the court would put someone from the State in charge of her and I have no idea where she would live or how her expenses would be managed.  From what I have learned her expenses far exceed her income.  My brother is covering all of the excess, which is not a good thing.  However, he lives in the same house and it makes sense that he contributes.  I kind of feel this is payback for all of the times when we were growing up that Grandpa charged me rent but he was the golden child and didn’t have to pay a dime.  It’s totally unfair but who ever said life would be fair?  

Work is hopping so I need to get back to it.  I hope all is well in your world.  One more day for me and then I go on vacation for 4 days.  I am thinking 4 days with no email and no phone ringing and no work.  Yeah that is something to look forward to.  Talk with you all again soon.  Be well and stay cool & dry!

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