Tax refund expediting headache (Missouri)

[unearthed]

We filed chapter 13 last fall, had our 341 in November, and are still waiting for confirmation of the payment plan through no fault of our own. We are a very straightforward case with only our older home (modular on a foundation) as an asset and a ten year old car. Our income is below median and we have four kids. We are on a 36 month plan.

Two weeks ago, our car blew a head gasket. We live an hour from my husband's job. We are struggling to find him transportation to work, I am leaning on other people to get to the grocery store, etc.

We called the lawyer's office and spoke with his legal assistant who told us she'd fax a letter to the trustee to see if we could spend part of our tax refund (which they're holding for us) to repair or replace the car.

Today the legal assistant e-mailed me to tell me that the trustee's office said no to our request because our tax refund is larger than 2500.00. She said they were now going to file a motion to expedite our case, but could not give me a time frame (they've delayed filing a motion to keep our tax refund for reasons I'm not clear about--they've had both our refund and our written request since February 12th, but that's a subject for another thread).

We are now in a horrible bind and I am unsure as to what to do. What are our options?

[Flamingo]

The BK Courts are busy now that is why you are experiencing a delay. Ask to speak to your attorney directly about your situation although it seems his legal assistant is keeping you pretty much up to date on what is going on. However, you need the vehicle for transportationi for work and you need funds to pay your Chapter 13 Plan and without a vehicle, you are stuck. Relay your concerns directly to your attorney. Hope things work out for you.

[unearthed]

Long reply. Very sorry.

Actually our lawyer said the reason we are experiencing a delay is because they (the lawyers) had to do something related to making sure it runs the full 36 months. I am assuming that they missed some paperwork, but am not sure. Mistakes happen and this is really not bothering me.

We handed them our tax refund on February 7th as well as a list of (very sound) reasons to keep it. As of three days ago, the lawyer had still not filed our motion to keep to keep the refund even though the legal assistant assured us that it would be filed immediately and his secretary told me that it would only take a couple of weeks before we heard something (I didn't think that sounded right). We didn't learn that it hadn't been filed until we spoke with the trustee (our lawyer apparently does not participate in Pacer). In an e-mail responding to my (very diplomatic) questions, our lawyer stated that the motion was "set to be filed" and that there would still be a twenty day waiting period.

I understand the law firm has other clients and that they are very busy, and I very much understand that the trustees are busy as well (something like 8000 cases at present). We're good grownups here; we would been fine if they'd spelled out the expected time frame to us in the beginning. As it is now, I am now struggling to continue trusting them, but have no choice in the matter.

Yesterday I asked them to clarify what expediting the case would mean in terms of the time frame and the legal assistant could not give me an answer. After that I e-mailed her and the lawyer (I've found this gets the best results as there is a notable delay in replying if I don't), asking them what we should do from here as we still need a car. At the time of this posting, there's been no answer. I can't really blame them. We've got to seem like high maintenance people at this point.

Okay. The ranting part of this thread is over. If anyone has any experience similar to this, I'd appreciate hearing it and after this my replies will be less less than a two hundred words.

[Flamingo]

Don't worry about long replies...sometimes they are needed especially if information is left out of an original posting. All situations are different and some more complicated than others. Detailed explanations are best.

It seems like you have all the bases covered here which is fantastic cause the proactive bird gets the biggest worm. Sounds like you yourself would be fantastic to work in that office as you would get things moving! Unfortunately, in the legal world, legal wheels grind and move slowly and emotions mean nothing just as in the business world. However, that does not help you as to your situation. Unfortunately, to do anything right now as to stopping all this would just delay your situation further and make things worse. As hard as it is, you are going to have to get through this until the Motion is heard but I would still certainly continue to hound them if they don't get that Motion filed early this coming week. Also, forward the email you received from the Trustee to them so theyknow you have contacted the Trustee and that you have alerted the trustee as to your concerns with the delay.

Hopefully you can make arrangements to get through this time period and I hope all goes through for you as to the Motion and you get those funds. Remember, Chapter 13 is not easy - there are more downs than ups during the Plan years and you have to adjust as any situation arises. My hubby and I had many sleepless nights with only $10 in the checking account and a week until the next payday and we tried to figure out how we would have gas to get to work each day.

Keep us informed...

[unearthed]

Fl--Thank you for your very gracious reply. I will have to learn to be more patient with the process.

You'd be right about that office thing. I used to head up a county youth program that required a fair amount of administrative duties and had a lot of stakeholders. I was good at it.

God is looking out for us. Someone at my husband's place of work heard through the company grapevine that we were having car problems. He put in a call to one of his relatives and they're allowing us to "test drive" a 1998 Chevy Lumina until we either find something we like better or have the money to buy this one (or make payments as the case may be). This person does not know us at all.

[EricaCallaha]

Good for you. Sometimes just putting the problem out there will create a solution for you.

Here's to a speedier reply from the trustee....