Bankrupt Casey Anthony interviewed by KPHO CBS in Phoenix #2

[?noanswer]

Spent a few minutes looking around for what US Trustees can and can't do. Thought this might be interesting reading - particularly that they are paid $60.00 per bankruptcy and then must recoup their expenses and time from "commissions".

Found here: http://www.nabt.com/faq.cfm#Q11

As much as I would have liked the Trustee to find information out there that FCA has a lot of money stashed away someplace - it seems pretty clear that rumours and suggestions sent to him could not be backed up by solid evidence. And maybe there isn't anything out there - yet.

IMO:moo:

According to the article, the trustee will be $60.00 plus will be paid a commission on any $'s distributed. "The commission rate is : 25% on the first $5,000 distributed; 10% on the next $45,000 distributed, 5% on the next $955,000 and 3% for every dollar distributed in excess of $1,000,000."

25% of $5,000 = $1,250. and approximately 2300. on the balance, which would leave about 17,900 to be distributed to creditors. Wonder which creditors will get any of this.

JMO

 

[ZsaZsa]

Spent a few minutes looking around for what US Trustees can and can't do. Thought this might be interesting reading - particularly that they are paid $60.00 per bankruptcy and then must recoup their expenses and time from "commissions".

Found here: http://www.nabt.com/faq.cfm#Q11

As much as I would have liked the Trustee to find information out there that FCA has a lot of money stashed away someplace - it seems pretty clear that rumours and suggestions sent to him could not be backed up by solid evidence. And maybe there isn't anything out there - yet.

IMO:moo:

I feel sure he got plenty of copies of the payment agreement she signed with Baez that said there was no expectation of ANY further payment.. I sent one. Let's see if the Trustee scrutinizes Baez' claim that he was actually owed $500K. If he dismissed that claim, her need for bankruptcy would pretty much evaporate.

 

[RR0004]

Spent a few minutes looking around for what US Trustees can and can't do. Thought this might be interesting reading - particularly that they are paid $60.00 per bankruptcy and then must recoup their expenses and time from "commissions".

Found here: http://www.nabt.com/faq.cfm#Q11

As much as I would have liked the Trustee to find information out there that FCA has a lot of money stashed away someplace - it seems pretty clear that rumours and suggestions sent to him could not be backed up by solid evidence. And maybe there isn't anything out there - yet.

IMO:moo:

I wish that we were the case...but it seems to me, at least, that he wanted to get what he could get as quickly as he could get it.
So good to see you, LG! oxoxoxox

 

[logicalgirl]

I wish that we were the case...but it seems to me, at least, that he wanted to get what he could get as quickly as he could get it.
So good to see you, LG! oxoxoxox

Thank you RR0004 - but she declared BK in January - and it's now August - I think as far as non-commercial BK's are concerned - when a person claims to be destitute - that's considered quite a long time isn't it?

I hope her final statement is published - we can see who actually was accepted as a legit creditor and who wasn't.

 

[dizzychick]

IMPO, she deserves nothing. She should be living in the woods scrounging through trash for food.

She should be in a 6X8 cell for life...Florida has some of the dumbest jurors

 

[ZsaZsa]

According to the article, the trustee will be $60.00 plus will be paid a commission on any $'s distributed. "The commission rate is : 25% on the first $5,000 distributed; 10% on the next $45,000 distributed, 5% on the next $955,000 and 3% for every dollar distributed in excess of $1,000,000."

25% of $5,000 = $1,250. and approximately 2300. on the balance, which would leave about 17,900 to be distributed to creditors. Wonder which creditors will get any of this.

JMO

She came up with $25K out of thin air although she claims to have only $1K in assets. They should have taken the money from her and paid it to a creditor, not used it to guarantee her right to make more money from her crime! They wonder why no one has any faith in the justice system!

 

[logicalgirl]

She came up with $25K out of thin air although she claims to have only $1K in assets. They should have taken the money from her and paid it to a creditor, not used it to guarantee her right to make more money from her crime! They wonder why no one has any faith in the justice system!

While I understand your frustration, I'm not sure what else the BK Trustee could have done If he can't find any hidden funds and there are no laws saying he can "capture" what she has not yet thought of or written - what then?

I imagine FCA has had to provide the name of the lender to the BK court - and according to the stats above - the Trustee would collect $3250.00 from the 25K and the amount of $21750.00 would revert back to the creditors. Isn't the only one with a "guaranteed" claim the IRS?

IMO:moo:

 

[sherbetjello]

I can't get that upset about the money aspect of this case. (Although, I did sign a petition years ago against selling a book and I believe it was a Lifetime movie)

To be honest, I haven't set foot in these threads since the astrology board closed.

The one thing I wish for, and I beg for almost,... I REALLY, REALLY, REALLY hope that this woman (hard to call her that) isn't able to birth another child.

Everything else is secondary.

 

[Intermezzo]

While I understand your frustration, I'm not sure what else the BK Trustee could have done If he can't find any hidden funds and there are no laws saying he can "capture" what she has not yet thought of or written - what then?

I imagine FCA has had to provide the name of the lender to the BK court - and according to the stats above - the Trustee would collect $3250.00 from the 25K and the amount of $21750.00 would revert back to the creditors. Isn't the only one with a "guaranteed" claim the IRS?

IMO:moo:

Yes, the IRS is the only creditor with a SECURED claim because they have a Federal Tax Lien against her.

What I have forgotten is where does that leave the State of Florida and Law Enforcement agencies who have COURT ORDERED costs assessed against her.

 

[ExpectingUnicorns]

While I understand your frustration, I'm not sure what else the BK Trustee could have done If he can't find any hidden funds and there are no laws saying he can "capture" what she has not yet thought of or written - what then?

I imagine FCA has had to provide the name of the lender to the BK court - and according to the stats above - the Trustee would collect $3250.00 from the 25K and the amount of $21750.00 would revert back to the creditors. Isn't the only one with a "guaranteed" claim the IRS?

IMO:moo:

I agree with you, LG, about the fact that the trustee's hands might have been tied concerning the value of the makings of a book but I would have felt he did a more thorough job if he had brought it before the court rather than settling, even considering that was what the judge suggested.

But what certainly disappoints me even more is his less than thorough investigation of her claimed debts. If her debts aren't certified as valid, I don't believe she even qualifies for Chapter 7 Bankruptcy. And it is certainly his responsibility to verify them:

"A trustee is vested with significant powers to aid in carrying out his or her fiduciary obligations to the bankruptcy estate. Among them is the ability to move to dismiss a bankruptcy case for cause, including unreasonable delay by the debtor that is prejudicial to creditors; non-payment of any fees or charges required under certain provisions of the Bankruptcy Code; and failure of the debtor to file certain information required under the Bankruptcy Code. The trustee may prosecute an objection to a discharge granted to an individual debtor. He or she may also object to proofs of claim filed by creditors in a bankruptcy case. The disallowance of a proof of claim or a reduction in its allowed amount has a significant impact on what creditors ultimately receive when the trustee distributes the funds on hand in a bankruptcy estate."

http://www.muchshelist.com/knowledg...-and-duties-of-a-chapter-7-bankruptcy-trustee

So, from the facts that are available to me now, it doesn't appear he has successfully discharged his responsibilities. Maybe he's not finished yet? :dunno:

 

[dizzychick]

Spent a few minutes looking around for what US Trustees can and can't do. Thought this might be interesting reading - particularly that they are paid $60.00 per bankruptcy and then must recoup their expenses and time from "commissions".

Found here: http://www.nabt.com/faq.cfm#Q11

As much as I would have liked the Trustee to find information out there that FCA has a lot of money stashed away someplace - it seems pretty clear that rumours and suggestions sent to him could not be backed up by solid evidence. And maybe there isn't anything out there - yet.

IMO:moo:

and that just aggravates me messless! I know of a peep who had 100% of her info at one time and surely someone sent that info to the trustee I hope grrrr

 

[ZsaZsa]

While I understand your frustration, I'm not sure what else the BK Trustee could have done If he can't find any hidden funds and there are no laws saying he can "capture" what she has not yet thought of or written - what then?

I imagine FCA has had to provide the name of the lender to the BK court - and according to the stats above - the Trustee would collect $3250.00 from the 25K and the amount of $21750.00 would revert back to the creditors. Isn't the only one with a "guaranteed" claim the IRS?

IMO:moo:

For a start he could have asked Baez to supply an itemized bill for the $500K he now claims he is owed. Then he could ask him to explain when that bill was created, since the trustee is definitely in possession of a copy of the original payment agreement between Baez and Casey where she says there is NO expectation of any further payment. With a minimum of energy he could find out that bill is bogus, and reduce the amount she claims to owe to a manageable figure for someone of her age who is so well supplied with friends willing to donate money.. I feel sure that part of his responsibility is to ensure the bankruptcy claim is not fraudulent.

 

[dizzychick]

why cant the trustee look into what happened to the Dr Phil money? I heard from a fairly good source that the money was divided between the guilty parties...

 

[Nore]

I can't get that upset about the money aspect of this case. (Although, I did sign a petition years ago against selling a book and I believe it was a Lifetime movie)

To be honest, I haven't set foot in these threads since the astrology board closed.

The one thing I wish for, and I beg for almost,... I REALLY, REALLY, REALLY hope that this woman (hard to call her that) isn't able to birth another child.

Everything else is secondary.

-----------
Hi sherbetjello, I agree 0n everthing including the astrology. The only problem is the baby killers are always capable of knocking out another one. It makes me totally sick.:banghead: :seeya:

 

[Nore]

There are no 'friends' that will generously donate that money either- not in the world I live in. It is coming indirectly from the Dr Phil blood money.
I'm sure when she sells her life story such as it is, the money she gets will be laundered back through the Anthonys.

------
ZsaZsa, we can only hope that in some small way we can each try to see to it the book doesnt sell well. I'm really not that kind of person but she deserves nothing. She is a liar and a cheat, she will never change. I look for "mommy" to write the book, I have a post on my FB. discouraging any buying of books by either! People in the Northern States seem not at all interested in FCA anymore. IMO. :seeya:

 

[logicalgirl]

I agree with you, LG, about the fact that the trustee's hands might have been tied concerning the value of the makings of a book but I would have felt he did a more thorough job if he had brought it before the court rather than settling, even considering that was what the judge suggested.

But what certainly disappoints me even more is his less than thorough investigation of her claimed debts. If her debts aren't certified as valid, I don't believe she even qualifies for Chapter 7 Bankruptcy. And it is certainly his responsibility to verify them:

"A trustee is vested with significant powers to aid in carrying out his or her fiduciary obligations to the bankruptcy estate. Among them is the ability to move to dismiss a bankruptcy case for cause, including unreasonable delay by the debtor that is prejudicial to creditors; non-payment of any fees or charges required under certain provisions of the Bankruptcy Code; and failure of the debtor to file certain information required under the Bankruptcy Code. The trustee may prosecute an objection to a discharge granted to an individual debtor. He or she may also object to proofs of claim filed by creditors in a bankruptcy case. The disallowance of a proof of claim or a reduction in its allowed amount has a significant impact on what creditors ultimately receive when the trustee distributes the funds on hand in a bankruptcy estate."

http://www.muchshelist.com/knowledg...-and-duties-of-a-chapter-7-bankruptcy-trustee

So, from the facts that are available to me now, it doesn't appear he has successfully discharged his responsibilities. Maybe he's not finished yet? :dunno:

Edited to add I responded to you EU - but was actually making a general comment - sorry!

We seem to be coming to a lot of conclusions about what did and did not happen and what should have happened in the BK and I have to ask the question - do we actually know or are we just assuming we know.

Wouldn't the judge have had to agree to the Trustee making these decisions? Or conversely was the Trustee simply following what the Judge ordered?

And as far as her creditor list and whether or not Baez's claim was accepted for the amount we believe it is - I think we'll have to wait, as I suggested before - until her final papers are filed to see what claims were accepted and what the amounts were.

Maybe the difference here is we got used to watching the criminal trial where we knew every tiny move the lawyers and Judge made - and that doesn't seem to be true with the BK court.

The only thing I think is completely #$%&@! about this BK is that legally, FCA is a citizen Florida who was charged with murder and was found to be not guilty. So essentially she is being treated pretty much the same as you and I would be. And if the BK Trustee can't find anything iffy about her case besides conspiracy theories and rumours - then there isn't anything he can do about it even if he wanted to.

All this and he gets paid three grand. Not exactly making a big profit here.

 

[?noanswer]

Edited to add I responded to you EU - but was actually making a general comment - sorry!

We seem to be coming to a lot of conclusions about what did and did not happen and what should have happened in the BK and I have to ask the question - do we actually know or are we just assuming we know.

Wouldn't the judge have had to agree to the Trustee making these decisions? Or conversely was the Trustee simply following what the Judge ordered?

And as far as her creditor list and whether or not Baez's claim was accepted for the amount we believe it is - I think we'll have to wait, as I suggested before - until her final papers are filed to see what claims were accepted and what the amounts were.

Maybe the difference here is we got used to watching the criminal trial where we knew every tiny move the lawyers and Judge made - and that doesn't seem to be true with the BK court.

The only thing I think is completely #$%&@! about this BK is that legally, FCA is a citizen Florida who was charged with murder and was found to be not guilty. So essentially she is being treated pretty much the same as you and I would be. And if the BK Trustee can't find anything iffy about her case besides conspiracy theories and rumours - then there isn't anything he can do about it even if he wanted to.

All this and he gets paid three grand. Not exactly making a big profit here.

BBM

Is this all he gets? No Salary or other compensation?

JMO

 

[logicalgirl]

BBM

Is this all he gets? No Salary or other compensation?

JMO

He gets $60 per bankruptcy - I guess from the Federal/State Gov't and then the above percentages - so clearly he has to have a number of them on the go - because $3200 over six months is just over $530 a month.

While folks complain about Trustee's getting a percentage of "the spoils" it's easy to see they are very motivated to find money anywhere a bankruptee may be hiding it. IMO:moo:

 

[?noanswer]

He gets $60 per bankruptcy - I guess from the Federal/State Gov't and then the above percentages - so clearly he has to have a number of them on the go - because $3200 over six months is just over $530 a month.

While folks complain about Trustee's getting a percentage of "the spoils" it's easy to see they are very motivated to find money anywhere a bankruptee may be hiding it. IMO:moo:

I guess they must have other jobs and do this on a "voluntary" basis. I had read about the 60.00 and the %s, but didn't realize they didn't get paid other compensation for BK work. Even though a big case might come along periodically, I don't see someone being able to count on that.

JMO

 

[logicalgirl]

I guess they must have other jobs and do this on a "voluntary" basis. I had read about the 60.00 and the %s, but didn't realize they didn't get paid other compensation for BK work. Even though a big case might come along periodically, I don't see someone being able to count on that.

JMO

Well I'm not positive and I'm sure at least a couple of posters will be right on my heels to correct me if I'm not right - but I believe they are just like other lawyers - have big cases and small cases running concurrently.

They would have different meeting dates and different filing dates and it would be a question of juggling and working on a number of them at the same time. Some would be complicated and some very straight forward.They would have a common thread - be looking for hidden money or assets because it very much affects their bottom line. I'm certain they aren't doing this as a service or because they are feeling comfy with the sixty bucks.

I know in my job I run with an average of 20 searches at once. I couldn't begin to survive on one. Just IMO:moo:

Edited to add: I think it wouldn't be a great job to have - the majority of people who have to declare bankruptcy are quite distraught and ashamed - and most have lost everything.. It would be stressful for me at least - I guess I can't speak for everyone.