So My Ch7 with assets was discharged in June 2016.
Trustee was putting it nicely a real ball buster.
He insisted that I pay $10,000 I was getting rid of medical and IRS debt and virtually no credit card debt. There was no immediate savings for me and having just come off a very difficult divorce and child custody case (I won sole custody of my 2 teenage daughters) coming up with $9,000 was next to impossible. I had borrowed all I could from friends to help me through the divorce and custody battle. I don't have a lot of money and no savings and the trial alone (because she's dillusional it had to go to trial) cost me $7,000. I couldn't not go to trial or stop paying lawyer.
Anyway I consider that $9,000 virtually extortion - I don't know where it goes or who it goes to but he agreed to $5,000 down and 5 payments of $1,000 . Not sure how I coul possibly do this but I did come into a little money and was able to cover the downpayment and shortly there after I received my discharge.
I have made the payments as best I can. He calls me up screamng at me because I won't and can't pay him on the first of the month because uh I have rent and can't afford to get evicted so I pay on15th. I have fallen further behind and he is giving me one last chance.
Outside of that credit is getting much better, I have lots of credit but not really enough Visa/MC Credit to be able to take an advance to pay him off or I would.
Also of note is I was receiving $1,000 a month for the kids as a derivitive benefit from my Ex's dissability. Because she has been working for the past 4 years this stopped suddenly so I now find myself short $1,000 a month NET. had this been the case when I filed there would not have been any question about passing the means test and getting approved for a Chapter 7 without having to pay the trustee this money.
He doesn't care that I suddenly lost (and proved to him) this $1,000 net per month.
So here comes the questions:
1) In a Ch 7 with assets when you pay the trustee what happens to that money? Are the creditors still being paid even though discharged in June? I know he is legally entitled to a portion but that portion is small. Is he pocketing the money? Can I request a list of distributions of the funds?
2) Is he doing something wrong/illegal
3) Do I have recourse when he calls me screaming at me on the phone demanding payment. For example yesterday he left a voicemail demanding I immediately call him back and that he must have certified funds in his office for $1,000 tomorow. Yeah not gonna happen just paid rent and next paycheck is the 15th.
4) What could he do to me? OK so I'm technically in default >30 days so what can he do? I assume file a motion which I will receive in writing and have time to address before anything can go on my credit?
The most important thing to me is keeping a good positive upswing in my credit scores.
The way this guy is so aggressive and not caring is like I am stealing his money from his children, I don' get it. The sudden loss of $1,000 a month is huge plus having to now outlay thousands to take Ex to court to make her pay child support.
I just feel like he is taking advantage of me and potentially doing something wrong.
