Quick question: SEnt my 4th plan payment check in after my 13 was dismissed....

[CoBelle]

Since the dismissal was the 20th and my due date for payment the 22nd, I'm wondering if I should put a stop payment on the check or trust that it won't be cashed.

Since I wasn't confirmed, does the money come back to me? And sinc eI filed a 7, is it fair game for the 7 trustee?

[tobee43]

you know...my instincts tell me it's your money and you should stop payment of they should return it to you.... but i'm worried you get the same trustee for your 7 and piss them off....i don't know if it's worth it??? when you get your face in front of them maybe you can ask for it back?

after all they dismissed the case ...

[CoBelle]

ya got that right!
but i just checked my bank account....cashed it yesterday. I just don't want it to go to the %($#($#(*$ attorney.

[tobee43]

ya got that right!
but i just checked my bank account....cashed it yesterday. I just don't want it to go to the %($#($#(*$ attorney.

darn it!!! girl you are losing your quickness....LOL!! needed to jump fast on this one...i think you should be able to get it back now that you have another trustee...really..call them tomorrow...or today since your on central time and see if they will give you back you $$.

[kornellred]

Chapter 13 trustees are only involved in Chapter 13 bankruptcies. Chapter 7 trustees are entirely different.

[AngelinaCatHub]

Stopping payment on a check is serious. I am pleased you did not do so. I would call the Trustee office direct now that you are dismissed. Ask for the funds back. If you have not filed yet for 7 it is your money. I probably isn't substantial, so it could legally be spent down on provisions. I would not worry too much as it is not a life/death worry. 'Hub

[despritfreya]

CB,

The funds being held by the 13 Trustee are an asset of your 7 case. It's no different then funds sitting in a bank account. Actually it is exactly the same thing since the funds are sitting the the 13 Trustee's Trust (bank) account. You need to see if you can find an exemption that would cover the funds. The funds need to be listed on Schedule B as well as question 6(b) in the Statement of Financial Affairs.

Des.