I don't know WHAT it is with these Lawyers!

[wooisme]

YOu know, you try to do the right thing and what happens, nothing. I've left messages with my attorney and email him to find out if we can KEEP this stupid rebate check we are going to be getting in May and I get NO answer!

A whole bunch of us are going to be getting them. You would THINK that they would send out a letter to address this question or you think they would put it on the divisions bankruptcy court page for the district or SOMETHING to let people know WHAT to DO!

NO, they would rather have you call and leave messages and emails in which they never answer in hopes they can TRAP you into spending it and then send you to PRISON for fraud!

I mean this is absolutely NUTS!

[BKOnce]

Well, if you were an attorney (working for $$), then you would know why... >> every minute count, every second is every penny$ wasted!! .. Money talk, No money, No honey!!!

[HHM]

The problem is, there is NO answer to the question.

If the trustee sends out a letter requesting the rebate to be turned over, then you will have your answer.

Don't blame your attorney, when it comes to the rebate stimulus, he is in the same position as you...he doesn't know.

[wooisme]

So what do I do, throw it in the trash? He's suppose to be working for me! He can't even say in an email...........gee, I'm sorry, I don't know. I'm sorry that response is a little flat to me. Heck he sees these people all the time (the trustee and his office staff, which is what he has told me in the past). You mean to tell me I'm the only person who has brought up this question..........I think NOT??? I think it's a poor excuse..........gee, don't blame your attorney, he doesn't know...it's his job to find OUT!

So what am I suppose to do with it wait six months and then spend it.

[HHM]

You are expecting too much, your case has been confirmed over 6 months ago; as far as the attorney is concerned, you are a done case. Most chapter 13 fees only cover up to confirmation (and perhaps 6 months of post confirmation case monitoring). Unless your retainer says other wise, your attorney is not on the hook to answer every little question you may have during the entire length of your plan.

The rebate issue is going to be decided by the trustee, when the trustee asks for it, then you, and your attorney will know. The trustee knows when the rebates are going out, if the trustee has not already asked for it, I wouldn't worry about it too much.

[jwbbx]

http://www.det13.com/PDF/econ_rebate_2008.pdf

[wooisme]

well, in my booklet given to me by the trustee it states that my attorney is responsible for any questions, filings and so forth or anything having to do with my bankruptcy for the ENTIRE time that I am in the chapter 13 plan.

that's coming FROM the trustee and in his rule book.

this most certainly IS a question having to do with MY bankruptcy. It also says in the booklet that I am to go to HIM first before trying to communicate with any member of the trustees office throughout the remainder of my bankruptcy.

so.......

[justplaintired]

http://www.det13.com/PDF/econ_rebate_2008.pdf

Ok I wish I lived in Michigan now. Atleast I'd know what to do with it when it comes. Our is due to deposit into our checking acct on May 2nd, we will not have filed by that time. We are C7 and I don't have a clue what will happen to our rebate. Wish I knew what to do, we could sure use that money for fixing a car....., maybe I could even buy some flowers!

[wooisme]

this is what i'm talking about here. A bit of information would be nice to have. I just cannot believe the trustees don't KNOW YET??? makes no sense to me at all since it's 4/21/08 already!

Anyone out there from the eastern virginia

[holding on]

wooisme, I'm from eastern VA. I was told how refund checks are handled, but the lawyer says the trustees have not made a decision yet (that he knows of) with the rebate check and that's a plus. Its a moot point to me as I have back taxes in the plan so the IRS will probably take the rebate.

[CindyLou]

If the trustee has not requested it from you yet, then I would say when you get it, it's yours. Didn't the trustee tell you what you did and did not have to report? Are you having to turn in your tax refunds?

[wooisme]

actually on my cofirmed plan it doesn't even say WHAT to report, it doesn't even mention anything about income tax refund checks or reporting any kind of income , money or anything coming in. All it says is that I cannot sell property over $5,000 without permission, I cannot buy anything over $5,000 without court permission. that means i could get a loan for under $5,000 to buy something without permission. the other thing it says is that i cannot go to the trustees office in person without legal counsel. (who the heck would want to).

the handbook given out at 341 a year and a half ago, does not even say anything about reporting income that is extra nor does it address tax returns except to say that if your asked for them you have to have them on hand in case they do.

does not say anything about rebates, lottery winnings, refund checks on any paperwork i have, nor on any confirmed plan that i have nor in any hand book from the trustee.

now someone on here and we all know who you are will come in here and say .....

that the trustee is in charge of your financial house from beginning to end. bla bla bla and on and on.

again, i say to you, if it's not in your paperwork, if it's not a part of your confirmed plan, if they don't ask for it, whether it be money, information, pay stubs, tax returns, then why in the name of all that is holy, would you just automatically give it up.

nothing says anything about this at all in my stuff. now if you have a confirmed plan that says, all refund checks are to be turned in along with your tax return and you are not to have any cash rewards, rebates and so on and all increased income must be disclosed for the remainder of this plan, then YES you better do this.

I most certainly am not going to volunteer any information that the trustee doesn't ask for since it doesn't tell me to do so, they say IF IF asked for then you comply.

[HHM]

You are answering your own question. If the handbook you received from YOUR TRUSTEE doesn't talk about it, and you haven't received a letter from the trustee making any changes or new requests, then your worrying over nothing.

If the trustee didn't ask for it, then don't give it to him.

[MajorMike]

wooisme, I'm from eastern VA. I was told how refund checks are handled, but the lawyer says the trustees have not made a decision yet (that he knows of) with the rebate check and that's a plus. Its a moot point to me as I have back taxes in the plan so the IRS will probably take the rebate.

They can't take the rebate for taxes within your plan!!!

[Flamingo]

So what do I do, throw it in the trash? He's suppose to be working for me! He can't even say in an email...........gee, I'm sorry, I don't know. I'm sorry that response is a little flat to me. Heck he sees these people all the time (the trustee and his office staff, which is what he has told me in the past). You mean to tell me I'm the only person who has brought up this question..........I think NOT??? I think it's a poor excuse..........gee, don't blame your attorney, he doesn't know...it's his job to find OUT!

So what am I suppose to do with it wait six months and then spend it.

Almost everyone in the US will be getting one of these checks. They won't be mailed until starting sometime in May and even over June through July, and further depending on if you filed an extension on your tax return. Since you are in Chapter 13, the odds are it will be considered additional funds during your Plan and will have to be turned over. I would not bank on those funds. When you receive your check, advise your attorney how much it is for and whether or not you will need to turn it over. Do not make plans for it or spend it until you know for sure. It is not easy in Chapter 13 - we all know how much you would like to have those funds.