A kind hearted trustee in CA gave me tax refunds AND stimulus!
This is my first post!
After reading what could be called "horror" stories about trustees taking tiny tax refunds away in no asset bankruptcies from unemployed single moms with 3 kids (I'm not naming names, but it seems to be most prevelant in Nevada...) I thought the forum should have the opportunity to hear about my experience.
I filed my own Chapter 7 without an attorney. I did this entirely due to my lack of funds. I had to borrow the money from my boyfriend to pay the first installment of the filing fee for my Chapter 7 after my petition to have my filing fee waived was denied by the judge.
I had my 341 on April 30th and after waiting for all the other filers who had attorneys, much to my surprise, I was LAST to be called by the trustee and the only person on the calendar who was without an attorney.
For two hours before he called my name, I watched the trustee hammer off questions and continue cases. I was relieved to find out that not one creditor had shown up to "confront" any creditor, including myself. Although 90% of the debt on my petition was from medical bills I had feared all the doctors I had stiffed would show up to yell at me. Anyway...
As nervous as I was, I must of approached the table with a big smile, because he commented on how lovely my smile was before I even sat down. After I submitted my ID and SS card, he asked me if anyone had helped me prepare my petition and schedules, and I answered no. Then he advised me that I had filled them out incorrectly, in a very polite and non-threatening manner, and advised me that I needed to correct Schedules B, C and F. He then proceeded to give me specific instructions on how to exempt my property, tax refunds and stimulus payments so that I could keep everything. He then informed me that he would not continue my case because I would not be changing any of the information on my schedules, just correcting the way I completed the schedules.
I left my 341 and made my corrections to my schedules over the next 3 days. I filed the documents with the court and served the trustee with his paperwork.
Two days ago, I received my federal tax refund. Not much, but nice to have when gas is $4.00 a gallon and I've been on unemployment since January. So I call the trustee's office and leave a message asking for clarification of whether or not I am able to keep my refund.
Today, he calls me back and tells me "You go ahead and keep that check, young lady. Please don't spend all of it. Make sure you save at least some of it in your savings account. And when you get your stimulus payment, don't bother calling me, you can keep that too. I just don't want to ever see you in bankruptcy court again."
I thanked him for being so nice and for walking me through the process during my 341, and for giving me the opportunity to correct my mistakes on the schedules. I don't know how I got so lucky, but since he gave me this check I'm not going to cash it right away. I don't want to waste the money so I'm going to hold off doing anything with it.
I still have some time to go before I'm discharged, but I still feel lucky and positive about my experience.
I wish everyone on this forum could be as lucky as me. God bless!
After reading what could be called "horror" stories about trustees taking tiny tax refunds away in no asset bankruptcies from unemployed single moms with 3 kids (I'm not naming names, but it seems to be most prevelant in Nevada...) I thought the forum should have the opportunity to hear about my experience.
I filed my own Chapter 7 without an attorney. I did this entirely due to my lack of funds. I had to borrow the money from my boyfriend to pay the first installment of the filing fee for my Chapter 7 after my petition to have my filing fee waived was denied by the judge.
I had my 341 on April 30th and after waiting for all the other filers who had attorneys, much to my surprise, I was LAST to be called by the trustee and the only person on the calendar who was without an attorney.
For two hours before he called my name, I watched the trustee hammer off questions and continue cases. I was relieved to find out that not one creditor had shown up to "confront" any creditor, including myself. Although 90% of the debt on my petition was from medical bills I had feared all the doctors I had stiffed would show up to yell at me. Anyway...
As nervous as I was, I must of approached the table with a big smile, because he commented on how lovely my smile was before I even sat down. After I submitted my ID and SS card, he asked me if anyone had helped me prepare my petition and schedules, and I answered no. Then he advised me that I had filled them out incorrectly, in a very polite and non-threatening manner, and advised me that I needed to correct Schedules B, C and F. He then proceeded to give me specific instructions on how to exempt my property, tax refunds and stimulus payments so that I could keep everything. He then informed me that he would not continue my case because I would not be changing any of the information on my schedules, just correcting the way I completed the schedules.
I left my 341 and made my corrections to my schedules over the next 3 days. I filed the documents with the court and served the trustee with his paperwork.
Two days ago, I received my federal tax refund. Not much, but nice to have when gas is $4.00 a gallon and I've been on unemployment since January. So I call the trustee's office and leave a message asking for clarification of whether or not I am able to keep my refund.
Today, he calls me back and tells me "You go ahead and keep that check, young lady. Please don't spend all of it. Make sure you save at least some of it in your savings account. And when you get your stimulus payment, don't bother calling me, you can keep that too. I just don't want to ever see you in bankruptcy court again."
I thanked him for being so nice and for walking me through the process during my 341, and for giving me the opportunity to correct my mistakes on the schedules. I don't know how I got so lucky, but since he gave me this check I'm not going to cash it right away. I don't want to waste the money so I'm going to hold off doing anything with it.
I still have some time to go before I'm discharged, but I still feel lucky and positive about my experience.
I wish everyone on this forum could be as lucky as me. God bless!
Thanks for sharing your wonderful 341 story with us!
A NEW START!!!
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