Motion to Compel RE: Stimulus

[mysterie91]

My husband and I had our 341 May 6th. No mention of the stimulus by the trustee even though our rep from the attorney office said he would take it. So we left expecting to get a letter but half hoping that the trustee would just let it slide.

Got home yesterday to a notice from the Trustee - he filed a motion to compel us to turn over the stimulus. That just ticks me off so much I could spit. So not only do they take the money for each of us they also take the $300 for having a child.

Of course it hurts even more since my husband lost his job the day before the hearing and we could really use that $1500 to help us get by. Yes, he is looking and yes, he will get Unemployment but its not $400 less per month than his job.

I was so depressed last evening that all I could do was cry. This isn't a fresh start, this is terrible timing. We bust our butts to be work, pay taxes, etc. and now we get kicked when down. It's very frustrating.

[momof5]

Thats just awful. I was thinking that you should have waited to file but I see you actually had your 341 on May 6th so that means you must have filed at least back in the begining of April before there was much talk about the stimulus.

I know all to well about a husband losing a job. {{{HUGS}}}
Your situation is a prime one for why these people who keep saying.."big deal,look at the debt you just wiped out for a small stimulus" are really starting to bug me. They havent a clue what a few hundred or a thousand dollars cash can do for someone who is not in a good position. Someone who just lost their income or had a major decrease in pay. These are the people who still have good paying jobs and file. They wipe out their debt but they have no clue what its like to be worried how you will survive.

It might be a few dollars for them but for someone in your shoes its the difference between groceries or no groceries.

On another note though there is nothing you can do at the moment about it. Its definately an injustice there is no doubt about it but you have to do what you have to do. You can get that money by using government programs. Such as food stamps which will in the long run will pay out alot more than the stimulus would have. Especially if it takes a few months for him to secure good employment. It really is hard to get back to making what you were. You might have gotten shafted out of the stimulus but you are also an American Citizen and you are entitled to programs for people in your situation.

These Trustees should have been required to exam each case individually before taking the stimulus. This is a prime example!

[DisneyGirl]

Thats just awful. I was thinking that you should have waited to file but I see you actually had your 341 on May 6th so that means you must have filed at least back in the begining of April before there was much talk about the stimulus.

I know all to well about a husband losing a job. {{{HUGS}}}
Your situation is a prime one for why these people who keep saying.."big deal,look at the debt you just wiped out for a small stimulus" are really starting to bug me. They havent a clue what a few hundred or a thousand dollars cash can do for someone who is not in a good position. Someone who just lost their income or had a major decrease in pay. These are the people who still have good paying jobs and file. They wipe out their debt but they have no clue what its like to be worried how you will survive.

It might be a few dollars for them but for someone in your shoes its the difference between groceries or no groceries.

On another note though there is nothing you can do at the moment about it. Its definately an injustice there is no doubt about it but you have to do what you have to do. You can get that money by using government programs. Such as food stamps which will in the long run will pay out alot more than the stimulus would have. Especially if it takes a few months for him to secure good employment. It really is hard to get back to making what you were. You might have gotten shafted out of the stimulus but you are also an American Citizen and you are entitled to programs for people in your situation.

These Trustees should have been required to exam each case individually before taking the stimulus. This is a prime example!

I really have been trying to stay out of this whole stimulus check mess but this post hits home for me to much. I actually agree with the feeling that giving that money back is what is required. When I filed there was no stimulus check to help my family out. We struggled after we filed for quite a while until we got back on our feet. So I guess for me I don't like the attitude I'm seeing where people feel they should get to keep that check.

Talk of the stimulus started a long time ago. At least in January. So if you knew you were going to file, why not wait until you got the check first and then file? It can be done. I know for this person it's to late but seriously, the stimulus idea has been out there for months. It was not something they just surprised us all with.

We were told by our trustee at the 341 *if* we came into any money in the next 6 months (post 341) we had to turn that over to him (there may have been a $$ limit). Is that not standard? Wouldn't the filers know they were going to have to give up the stimulus check?

I'm not trying to be cruel here by any means. I am very sorry for this OP's situation. I hope your husband can find work soon and you can make ends meet in the mean time.

[momof5]

I know for this person it's to late but seriously, the stimulus idea has been out there for months. It was not something they just surprised us all with.

Oh yes they did! There was no definite date, there was no certainty of when it would arrive. No one knew anything for sure until people started receiving the stimulus money.

[DisneyGirl]

Oh yes they did! There was no definite date, there was no certainty of when it would arrive. No one knew anything for sure until people started receiving the stimulus money.

I understand there was no definite date but they tossed around dates starting as early as May back when they began talking about doing stimulus rebates. So again, some people could have waited a little longer to file. I'm not saying this works for everyone who needs to file BK.

[justplaintired]

Oh yes they did! There was no definite date, there was no certainty of when it would arrive. No one knew anything for sure until people started receiving the stimulus money.

I totally agree and for me I didn't believe it until someone got theirs. I didn't see how this country could afford to do this and still don't, but I feel like these should go directly to the person and not the trustee. It's not fair plain and simple and more then not being fair it almost seems criminal to take something that is meant to stimulate our economy and send it to a trustee who takes thier cut and sends the rest onto creditors, that does not stimulate this economy period!

[DisneyGirl]

I totally agree and for me I didn't believe it until someone got theirs. I didn't see how this country could afford to do this and still don't, but I feel like these should go directly to the person and not the trustee. It's not fair plain and simple and more then not being fair it almost seems criminal to take something that is meant to stimulate our economy and send it to a trustee who takes thier cut and sends the rest onto creditors, that does not stimulate this economy period!

So what happens when the trustee tells you up front they will take any money you receive within a set time limit post 341? This is standard at 341 meetings (or at least it was when we filed, they said it to all 100+ people in the room). While it may seem unfair, it's really not.

[justplaintired]

So what happens when the trustee tells you up front they will take any money you receive within a set time limit post 341? This is standard at 341 meetings (or at least it was when we filed, they said it to all 100+ people in the room). While it may seem unfair, it's really not.

I guess you give them the money. I am not saying I wouldn't do what the trustee said for us to do, we will most definitely. What I am saying it isn't fair, plain and simple. How can a trustee justify taking something our PRESIDENT said we should stimulate this failing economy with? I didn't decide to send out a stimulus check, the government did with the full intentions of stimulating the economy, not creditors pockets. I did alot of reading on cc before we decided to file and cc co are part of the problem with our economy. Do you know who backed the BK reform? CC companies. Did you ever look and see why most people file? CC companies. Don't you see something wrong with giving them people's stimulus checks? I understand if I were to inherit money I would have to turn it over to the trustee, if I win the lottery, I have to turn it over to the trustee, but giving them this check doesn't fall under the same catorgory, this is money the government is sending out to STIMULATE THE ECONOMY!

Oh and we haven't filed yet, we are waiting for the check so we can keep it. We are keeping records of everything we buy and taking the stack with us just like people do with tax refunds, so basically this won't be us, but for those of you who lost yours my deepest sympathy. I know for us, without waiting and losing this check we would not be able to do the things we need to use it for and who knows when we would ever be able to. With this shrinking economy and gas and groceries, there isn't much left for anything extra. I am sorry I am so passionate about this, but I firmly believe that when they decided to send out checks they wanted it used to stimulate the economy and taking it for creditors simply doesn't make that happen.

[DisneyGirl]

Well if the trustee takes his cut and then spends it - it will stimulate the economy, right?

I'm sorry to those that are having to give up this check. But remember too that lots of us had to give up money too (not just inherited or won money). The OP said she was told by her atty they'd have to give up the money, so why the upset over having to comply? We've all been there.

The first post by momof5 is what got me going anyway. Her assumption that those of us who feel current filers should give the check up without complaint are ones who were doing well financially post BK. Not all of us! I did not like being lumped into that group. We did struggle and we didn't have a stimulus check.

Anyway, I am sorry I got involved in this. I've stated my thoughts on this and I sincerely hope those filing can make ends meet without the stimulus check.

[mysterie91]

Let me add that I am the OP and our attorney told us to wait to file until after receiving our tax refund and spend it on necessities as the trustee would take it if we filed in December. We waited and filed in April and their still was not anything for certain on the stimulus.

I called the attorney and the paralegal the day before the 341 and asked about the stimulus and was told that there was no way of knowing how the trustee would handle the stimulus. We would have to wait and see. It was the rep that came to the 341 that was quite arrogant and condescending that told us "the trustee will take the stimulus. He will tell you today where to send it and you won't be able to keep even the portion for having a child because lets be realistic who really gives it to their child."

Um, OK, how about as parents we clothe, feed and provide shleter for that child?

So all in all I do think it is unfair that the trustee can line his pockets with my money - that $1500 minus his take then divided between our 8 or 10 creditors should really make it worth the time or the effort. Not like being able to actually put food in the table or gas in my car so I can keep the job I have.

I don't see any of those people that are on this board saying they think the trustees have the "right" to the money offering to send their checks to their trustee. Maybe if they were required to send their checks back because they filed BK in the past year or so they would see it differently.

I didn't start this thread to argue. I simply wanted to tell my story to a group of people that should understand how hard life can be. Maybe that was wrong.

[justplaintired]

Let me add that I am the OP and our attorney told us to wait to file until after receiving our tax refund and spend it on necessities as the trustee would take it if we filed in December. We waited and filed in April and their still was not anything for certain on the stimulus.

I called the attorney and the paralegal the day before the 341 and asked about the stimulus and was told that there was no way of knowing how the trustee would handle the stimulus. We would have to wait and see. It was the rep that came to the 341 that was quite arrogant and condescending that told us "the trustee will take the stimulus. He will tell you today where to send it and you won't be able to keep even the portion for having a child because lets be realistic who really gives it to their child."

Um, OK, how about as parents we clothe, feed and provide shleter for that child?

So all in all I do think it is unfair that the trustee can line his pockets with my money - that $1500 minus his take then divided between our 8 or 10 creditors should really make it worth the time or the effort. Not like being able to actually put food in the table or gas in my car so I can keep the job I have.

I don't see any of those people that are on this board saying they think the trustees have the "right" to the money offering to send their checks to their trustee. Maybe if they were required to send their checks back because they filed BK in the past year or so they would see it differently.

I didn't start this thread to argue. I simply wanted to tell my story to a group of people that should understand how hard life can be. Maybe that was wrong.

No you were right. It somehow got off track and I am in total agreement with you, it shouldn't be right, there is simply no way anyone will convince me that taking this little stimulus check is going to help pay down people's creditors, we have 8 creditors take out the trustees portion and split the rest between them and it amounts to nothing basically, so why do they bother taking them. If it was a ton of money then maybe I would understand, but let's face it, in today's economy how far will people get on this stimulus checks? So I am so sorry you lost yours truly I am.

[Cali]

If I had to send my check, I would and wouldn't complain that I had to send it.
I don't see what the difference is, if there wasn't a stimulus in the first place you would still not have the money.

I am not trying to be harsh, but I don't think people should get mad at us that don't see the problem with sending/giving up the stimulus.

Let me add that I am the OP and our attorney told us to wait to file until after receiving our tax refund and spend it on necessities as the trustee would take it if we filed in December. We waited and filed in April and their still was not anything for certain on the stimulus.

I called the attorney and the paralegal the day before the 341 and asked about the stimulus and was told that there was no way of knowing how the trustee would handle the stimulus. We would have to wait and see. It was the rep that came to the 341 that was quite arrogant and condescending that told us "the trustee will take the stimulus. He will tell you today where to send it and you won't be able to keep even the portion for having a child because lets be realistic who really gives it to their child."

Um, OK, how about as parents we clothe, feed and provide shleter for that child?

So all in all I do think it is unfair that the trustee can line his pockets with my money - that $1500 minus his take then divided between our 8 or 10 creditors should really make it worth the time or the effort. Not like being able to actually put food in the table or gas in my car so I can keep the job I have.

I don't see any of those people that are on this board saying they think the trustees have the "right" to the money offering to send their checks to their trustee. Maybe if they were required to send their checks back because they filed BK in the past year or so they would see it differently.

I didn't start this thread to argue. I simply wanted to tell my story to a group of people that should understand how hard life can be. Maybe that was wrong.

[DisneyGirl]

I didn't start this thread to argue. I simply wanted to tell my story to a group of people that should understand how hard life can be. Maybe that was wrong.

Life was hard for many of us when we filed BK and the months/years beyond it. I am sorry for your situation but I do not feel you should get to keep any of that money. I have kids I had to clothe and feed as well (not to mention they are both disabled). We had to struggle too. I'm not here to argue, I was unhappy with the post below your OP that calls out those of us who disagree as being the ones who fared well post BK - that is simply not true.

[nomoretogive]

If she could have foreseen the future and knew her husband was going to lose his job the day before the big meeting.... I bet she would have waited. So easy to pass judgement when you are not in those shoes. Edited to say I am sorry for your situation and I hope you still have your health benefits.

[DisneyGirl]

If she could have forseen the future and knew her husband was going to lose his job the day before the big meeting.... I bet she would have waited. So easy to pass judgement when you are not in those shoes.

You are passing judgment on me though, right? You have no idea what we went through during our BK. Losing your job is not grounds for keeping the check, I wish it were. I wish things were different but they aren't.