Archive for 'Robert Whitmore'

Furniture In Bankruptcy

Posted by:

Last week on Mr. Whitmore’s calendar a creditor appeared to ask a debtor questions. Mr. Whitmore conducted the hearing and asked the basic questions at the meeting of creditors. The debtor answered the questioned satisfactorily, then Trustee Whitmore asked if there were any creditors.

The creditor’s representative appeared and stated he was from a furniture company. He asked if the debtor had purchased certain items in 2014? The debtor said “yes”. The creditor then asked if he still had those items. ...

Continue Reading →
0

Meet with your clients

Posted by:

 

Today on Riverside Trustee Robert Whitmore’s calendar the US Trustee Interviewed a pro se debtor who had his petition prepared by an attorney. The attorney charged more than the “pro se” petition preparers rate of $200.00.

The US Trustee’s representative asked if the debtor had met with the attorney. The debtor said “no”. Mr. Whitmore then asked if the debtor had talked to the debtor over the phone? The Debtor said “no”. The US Trustee’s representative closed his investigation for the ...

Continue Reading →
0

New Judge In Riverside Bankruptcy

Posted by:

 

This week we said goodbye to our Judge Deborah Saltzman as she had her last hearing in Riverside. She is now a Los Angeles Bankruptcy Judge and will share duties in Santa Barbara, CA.

I remember when Judge Saltzman came to Riverside as a new Judge and now she is on her way to Los Angeles. I will miss Judge Saltzman and wish her well in the big city.

Our new Judge is Judge Scott H. Yon and here was his official ...

Continue Reading →
0

Two Tax Returns for Married Couple

Posted by:

Another tax return story….

The debtor goes in front of the trustee and says she is married. She only filed the chapter 7 petition by herself, her husband did not file with her. In the petition it says that she is married. However when the debtor sent the tax return to the trustee, she only sent the tax return that she filed. The trustee asks her if her husband files a tax return. She says “yes”. “Well then let’s continue this ...

Continue Reading →
0

Bankruptcy Education: Paid twice a month and paid every two weeks

Posted by:

 

Chapter 7 Trustee Robert Whitmore’s job as a bankruptcy trustee involves reviewing the means test and the schedules I & J to make sure the client qualifies for chapter 7 bankruptcy. The bankruptcy rules also state that the last sixty days of pay stubs must be filed with the petition. The Trustee and the United States Trustee match the paystubs with the income stated in the petition and the means test.

One common problem that occurs in figuring the ...

Continue Reading →
0

Bankruptcy Education: Using Non-Filing Spouse’s Income

Posted by:

 

Robert Whitmore Riverside Chapter 7 Trustee always asks married debtors who file individually if they have included the income of their spouse. While a married debtor may file individually, they Must use the non-filing spouse’s income.

707(b)(7)

No judge, United States trustee (or bankruptcy administrator, if any), trustee, or other party in interest may file a motion under paragraph (2) if the current monthly income of the debtor, including a veteran (as that term is defined in section 101 of ...

Continue Reading →
0

No More Verification of Social Security Numbers

Posted by:

 

Today is the day after Christmas and Bankruptcy Trustee Robert Whitmore told us that the Social Security Administration in our area will no longer be issuing “verification of Social Security” numbers. Trustee Whitmore said he sent someone to the Riverside Social Security office to get a “verification” and the person was sent back saying teh office no longer provides such a “verification”.

This will pose a huge problem for our clients as many times in the last eight years ...

Continue Reading →
0

Tax Refund Time

Posted by:

 

Riverside Chapter 7 Bankruptcy Trustee Robert Whitmore, as we have noted in the previous posts, is the master of the small asset case. That means the small property in a debtor’s schedules that cannot be exempted on Schedule “C” and subject to the Trustee taking the property and selling it. In previous posts we have talked about taking cars or business equipment and selling them. In other posts we talked the Trustee taking houses and selling them as ...

Continue Reading →
0

Motion to Sell Auto II

Posted by:

To continue with the Blog of Nov. 19, 2013 on Trustee Whitmore’s selling autos in the bankruptcy case for the benefit of creditors.  Judge Houle continued in his opinion….

The trustee must articulate some “business justification” for selling estate property out of the “ordinary course of business” before the court may approve the transaction. In re Lionel Corp., 722 F.2d 1063, 1071 (2d Cir. 1983); In re Ernst Home Ctr., Inc., 209 B.R. 974, 979 (Bankr. W.D. Wash. 1997). Objections to ...

Continue Reading →
0

Motion to Sell Auto

Posted by:

 

Chapter 7 Trustee Robert Whitmore’s job is to sell pieces of personal property that are not exempt. This is done by a motion. Recently Judge Houle had a case with Trustee Goodrich on selling such an auto.

Motion For Sale of Property under Section 363(b) Trustee’s Motion for Authority to Sell Vehicle Back to Debtor

The “Debtor” filed a voluntary Chapter 7 petition on March 25, 20xx. The duly appointed chapter 7 trustee in this case is Robert Goodrich (the “Trustee”). The ...

Continue Reading →
0
Page 1 of 2 12