Mtd

[ccfriend]

I recieved a letter in the mail from my trustee stating that I have 15 days to respond or my bk will be dismissed....It is because of a misunderstanding with tax refunds. I was supposed to pay in any amount over $1604. My federal refund put me at needing to pay $597 of my refund to the trustee. Well, I wasn't sure if I also needed include my state refund in the amount to pay the trustee. I emailed my lawyer and never received a response.
I also received a letter that stated I needed to make an appointment with my lawyer. I made the appointment for Friday morning. I also called the trustee's office and the office professional at the office said that I could just send in the money for the state taxes (which we do have in our savings account just in case this happened) and the case won't be dismissed...

Here is my question: The dismissal said something about my lawyer or myself needing to send a written response to the judge and the trustee.
So if I just send the money will it really be ok or do I need to meet with my lawyer. I would like to avoid meeting with my lawyer because I don't really want to pay for him to just tell me to send in the money but if I am at risk of a dismissal I would pay to meet with him.

Any insights?
Thanks!

[lrprn]

Here is my question: The dismissal said something about my lawyer or myself needing to send a written response to the judge and the trustee. So if I just send the money will it really be ok or do I need to meet with my lawyer. I would like to avoid meeting with my lawyer because I don't really want to pay for him to just tell me to send in the money but if I am at risk of a dismissal I would pay to meet with him.

Stop messing around - your Ch 13 is at stake here. This is serious!

Meet with your lawyer and get the letter arranged. Your trustee usually won't speak directly with you because you have legal representation. (Besides, your trustee is there working for your CREDITORS, not for you!)

Be sure you can pay the trustee what you owe or get the money before Friday when you meet with your lawyer. Ask your lawyer to find out what kind of payment will be accepted - personal check, cashier's check, etc.

Never forget that although you have a lawyer, your case is just that - your case. Your lawyer is not there to remind you to do things that you know you are supposed to do. Not receiving an email back is a poor excuse for not following through to make sure your tax excess went to the trustee as you agreed when your case was confirmed.

Your best option going forward is to adjust your tax withholdings so you won't get an excess refund past what's allowed and won't have anything to give to the trustee. Here's an online IRS calculator to help you do that - http://www.irs.gov/individuals/artic...=96196,00.html