What can you do if you have a disagreement with the bankruptcy trustee? 15 Answers as of March 10, 2014

I would like to know what a person can do if they disagree with a bankruptcy trustee or even a judge? Can someone give me a link or a form that I would have to fill out? It deals with the fact (and we all have been trained) that we all believe that the only things that are exempt are the social security payments on the means test. This is not true as if you look at the list of exemptions as stated in Title 11 (Bankruptcy Code) under 522.

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Law Offices of Daniel J Winter
Law Offices of Daniel J Winter | Daniel J Winter
The exemptions you are referring to don't apply to the means test. They apply to what property you are allowed to keep. The means test refers to income that is used to calculate your 6 month average to see whether you qualify for Chapter 7, or, if not, how much you have to pay your creditors. Get an experienced bankruptcy attorney now, it will save you lots of time and money in the long run. Then you should know whether the trustee and judge are right or need to contest the issue.
Answer Applies to: Illinois
Replied: 3/10/2014
Stephens Gourley & Bywater | David A. Stephens
If you disagree with the trustee you take the matter up with the judge. If you disagree with the judge you file an appeal.
Answer Applies to: Nevada
Replied: 3/7/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
The judge is there to arbitrate issues that come up with debtors, creditors and the trustee. If you disagree with the judge, you can appeal, but the exemptions are a black and white issue.
Answer Applies to: California
Replied: 3/7/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
There is no such "form". I think you need to carefully study 11 U.S.C. Section 707 and then look up the definition of "current monthly income" in 11 U.S.C. Section 101 (10A). There are very few exclusions.
Answer Applies to: California
Replied: 3/7/2014
R. Steven Chambers PLLC | R. Steven Chambers PLLC
First of all, most of the exemptions in section 522 do not apply in Utah. Utah has opted out of the federal exemption scheme. Secondly, the exemptions in section 522 have nothing to do with the means test. The means test is to determine income eligibility for filing Chapter 7 and only Social Security income is excluded from income for that purpose. To answer your question, if you disagree with the trustee you have to file a motion with the court to rule on the precise issue you disagree with. If you disagree with the judge you have to file an appeal either to the Bankruptcy Appellate Panel of the 10th Circuit or to the District Court.
Answer Applies to: Utah
Replied: 3/6/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can argue against the trustee and/or the judge but whatever it is you are talking about that you feel should be exempt from the means test, check local case law because it is not only bankruptcy code that dictates these things.
    Answer Applies to: New York
    Replied: 3/6/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    You can contact the office of the US Trustee for starters.
    Answer Applies to: South Carolina
    Replied: 3/6/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    There are differences between income that is included on Form B22 (Means Test/11 U.S.C. 707(b)) and Schedule C (exempt assets 11 U.S.C. 522). 1. Under 11 U.S.C. 707(b) the Means Test is a calculation of annual income and includes most sources of income for the sole purpose of determining whether a debtor or debtors are presumed to be eligible to file a Chapter 7 bankruptcy or face dismissal or conversion to Chapter 11/13 and it excludes a few sources of income such as social security. It is not the sole determining factor for eligibility as the debtor/s must satisfy the income requirements of Schedules I and J. It has nothing to do with 11 U.S.C. 522. 2. 11 U.S.C. 522 gives the debtor/s the ability to exempt certain assets depending on the state's exemptions that he/she/they are eligible to utilize to protect certain assets from turnover to the estate to be used to pay creditors. I believe that you are confusing the purposes of 11 U.S.C. 707(b) and 11 U.S.C. 522 as these pertain to completely separate issues of eligibility and exempt assets.
    Answer Applies to: Indiana
    Replied: 3/6/2014
    Danville Law Group | Scott Jordan
    Are you the debtor? If there is a disagreement and the trustee files an adversary petition or objection to an exemption, you will have to respond in the manner a bankruptcy lawyer would respond. There is no form to be used or link to be searched.
    Answer Applies to: California
    Replied: 3/6/2014
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Section 522 has absolutely nothing to do with the "means test." Focusing on the word "exempt" is incorrect and you can find the word "exempt" in a lot of the statutes, but they also have nothing to do with the means test. Read the correct statutes, 11 U.S.C. Section 101(10A)(B) and 11 U.S.C. Section 707 which is where the relevant means testing provisions are located.
    Answer Applies to: California
    Replied: 3/6/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    It sounds as though you filed your bankruptcy case without an attorney. Did you claim your exemptions on Schedule C in your bankruptcy petition? Did you do so correctly? Many states have their own exemption laws that apply in bankruptcy instead of the Federal exemptions that you are referring to. Other states have schemes where you are permitted to choose between the state laws and the federal ones. Chances are very good that your chapter 7 panel trustee knows very clearly what exemptions you claimed and whether you are entitled to claim them. Trustees don't usually get that wrong. If you did not claim any in your paperwork then you get none. I really suggest that you try to find a lawyer to take a look at your filing documents and whatever communications you have had from your trustee in order to advise you and hopefully help you keep some of your property.
    Answer Applies to: Colorado
    Replied: 3/6/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    An exemption is the property you are allowed to protect from being taken by the trustee to pay your creditors. It has nothing to do with what you must disclose on your means test.
    Answer Applies to: Nevada
    Replied: 3/6/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you disagree then you must get your issue before the court. The burden is on the trustee to object to your filing based upon the means test. If the trustee does so, then you can file a response. You will need to go to the bankruptcy clerk's office to file it, as everything is now efiled and you'll need an account to do that. The clerk will assist you. In your response make sure to put the case caption with case number on the top, then set forth your argument why you believe the trustee is wrong.
    Answer Applies to: Nevada
    Replied: 3/6/2014
    Idaho Bankruptcy Law | Paul Ross
    In Idaho, only Idaho exemptions are permitted. You cannot claim federal exemptions. Regarding the means test, exemptions are not related. Exemptions relate to property and whether they are considered part of the bankruptcy estate.
    Answer Applies to: Idaho
    Replied: 3/6/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If you are referring to VA payments, there are lots of conditions attached to that. You need to see a lawyer because this not just a form to fill out.
    Answer Applies to: California
    Replied: 3/6/2014
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