The Judge Signed the End to the Garnishment

[Nomad]

Well, the worst is over I hope. The judge signed the end to the garnishment. Others on the board have said that it could be up to a year for the 90 day review before things are discharged. That is a little scary. The end of the garnishment was 4 months late. That was enough of an over run on schedule that a management company sold my time share at sherrlff's auction. Coming up with the annual management fee was less important than getting the things the kids needed. I didn't know that they could do that. Oh well.
Now I just have to wait for the discharge. Does anyone know how long that could take. The Trustee is sitting on months of payments over base. If I weres suspicious I'd say that it would be so that she can keep up her monthly billings.

[justbroke]

Your attorney can always file a motion to compel turnover. The reason the Trustee holds the checks is so that they only need to send out one check, and that all checks have cleared.

If you need the money... just do the motion to compel. Know that even with a 21-day negative notice used, it's going to take some time (35+ days) if you do this. Have you just begged the Trustee's office and informed them that you need it for something important?

My Chapter 13 Trustee had... $14K+ of my money and I needed it to pay my MORTGAGE! I pleaded with them and they cut a check for $10K. Your mileage may vary.

[tigergem]

Wow. This kind of makes me grateful for the money order method of payment. Kind of sorry I griped about that. I'm sending him 60 payments and THAT'S IT. lol.

[Nomad]

Your attorney can always file a motion to compel turnover. The reason the Trustee holds the checks is so that they only need to send out one check, and that all checks have cleared.

If you need the money... just do the motion to compel. Know that even with a 21-day negative notice used, it's going to take some time (35+ days) if you do this. Have you just begged the Trustee's office and informed them that you need it for something important?

My Chapter 13 Trustee had... $14K+ of my money and I needed it to pay my MORTGAGE! I pleaded with them and they cut a check for $10K. Your mileage may vary.

I haven't begged and as a matter of fact I get the feeling that the trustee is so overwhelmed she will only work through the attorney. Right now she's holding about $9.2K and change. As for the time share it is too late now. I was screwed on that deal from the beginning. You couldn't sell that thing now for more than $1500 (I know because I tried) and I had to be a big shot in 86 when I was a pup and overpaid significantly for it. I have regretted that ever since.

[LadyInTheRed]

I haven't begged and as a matter of fact I get the feeling that the trustee is so overwhelmed she will only work through the attorney. Right now she's holding about $9.2K and change. As for the time share it is too late now. I was screwed on that deal from the beginning. You couldn't sell that thing now for more than $1500 (I know because I tried) and I had to be a big shot in 86 when I was a pup and overpaid significantly for it. I have regretted that ever since.

With that $9.2K, you can by 6 timeshares, with change!

I don't mean to minimize the frustration of being without that much money that you should have access to. But, I love silver linings!

[LadyInTheRed]

I haven't begged and as a matter of fact I get the feeling that the trustee is so overwhelmed she will only work through the attorney. Right now she's holding about $9.2K and change. As for the time share it is too late now. I was screwed on that deal from the beginning. You couldn't sell that thing now for more than $1500 (I know because I tried) and I had to be a big shot in 86 when I was a pup and overpaid significantly for it. I have regretted that ever since.

With that $9.2K, you can by 6 timeshares, with change!

I don't mean to minimize the frustration of being without that much money that is rightfully yours. But, I love silver linings!

[soccermom]

I suspect we have the same trustee, our account has been in "90 day" review since January of 2008. I have sent emails, contacted my attorney and so on and have been repeatably told they will get to it when they can. They are currently holding more than 4,000 that they owe me back and are still holding 10,000 in payments to creditors. I figure they are probably making a good living on the extra interest they are earning from all of us who are waiting... I so want this nightmare over.

[newbie2]

I suspect we have the same trustee, our account has been in "90 day" review since January of 2008. I have sent emails, contacted my attorney and so on and have been repeatably told they will get to it when they can. They are currently holding more than 4,000 that they owe me back and are still holding 10,000 in payments to creditors. I figure they are probably making a good living on the extra interest they are earning from all of us who are waiting... I so want this nightmare over.

Since 2008? I would contact the judge. Seriously. And then if I didn't get any action I would go the district level.

[soccermom]

Oops, I messed that up. We were supposed to be done in 2008 (Oct/Nov), they took out payments till Jan 2009 and we have been in the 90 day review cycle since then. Still too long in my opinion.