Trustee after my checking accounts

[deafbroke]

Well, after telling us we had to pay back $2500 that we spent of the federal, state refunds, and stimulus we though it couldn't get any worse. WRONG! Got a letter in the mail from the trustee he sent to our credit union ordering them to send $650 to him. That was the total amount in both accounts on the day we filed and dam near all we have in accounts now. He explained we didn't list the accounts on the petition and didn't exempt them. ARRRRRGH!

So we called a laywer and meet with him tuesday to ammend the forms to exempt the accounts and correct any other problems he finds. We weren't told anything at the 341 meeting about the accounts not being listed or exempted. I know it's my own fault but why couldn't they say something then instead of making it seem like everything is hunky dory and then going behind your back.

pric%s

DB

[danaf]

dang, your trustee is a top notch jerk. May I ask what state you are in?

[danaf]

and by the way, I think I would contest the trustee wanting the tax money - let it go to a judge. I'm assuming you've got receipts that show none of the purchases were luxury? Your trustee is greedy and kicking you when you are down. There must be something that can be done about it.

[lrprn]

Well, after telling us we had to pay back $2500 that we spent of the federal, state refunds, and stimulus we though it couldn't get any worse. WRONG! Got a letter in the mail from the trustee he sent to our credit union ordering them to send $650 to him. That was the total amount in both accounts on the day we filed and dam near all we have in accounts now. He explained we didn't list the accounts on the petition and didn't exempt them. ARRRRRGH!

So sorry that your pro se filing didn't work out as you hoped. Unfortunately this is one of the drawbacks of trying to file without a lawyer. Innocent mistakes can be made (as I'm sure these were), but the consequences can still be devastating. The law is the law no matter who files the case.

So we called a laywer and meet with him tuesday to ammend the forms to exempt the accounts and correct any other problems he finds. We weren't told anything at the 341 meeting about the accounts not being listed or exempted.

That's great that you found a lawyer who's willing to help you sort out what needs to be done to fix your case and help you file an amended case. That should undo most of the problems you've run into so far.

I know it's my own fault but why couldn't they say something then instead of making it seem like everything is hunky dory and then going behind your back.

As hard as it is, the trustee is not there to protect you. He/she is there to protect your creditors' interests. If your filing is incorrect, it's not his/her job to point that out to you. When you choose to file pro se, then understanding the law and the forms becomes your responsibility. Sometimes very nice trustees will help a pro se filer correct mistakes during the 341, but that is VERY unusual.

Hang in there, DB. The bumpy road should smooth out when your amended case is filed.

[CindyLou]

to the OP, did you get your refunds before or after you filed?

[FreshLikeADaisy]

Deafbroke, as long as you and your atty are submitting amended schedules for your bank accounts, ask the atty if you have ANY available exemption money to cover the tax refunds and stimulus, or even part. The reason I say this is because it will work just the same for the checks the trustee has *already* taken as it will for this new demand: whatever cash you want to keep (bank accts, tax refund, stimulus) is added to Schedule B as an asset and AGAIN to Schedule C if you have any available exemption money to cover it. Since you're already amending your schedules, this would be a great time to try to get that tax $$$ back from the bk estate. Good luck to you!!!

[deafbroke]

dang, your trustee is a top notch jerk. May I ask what state you are in?

Minnesota.



DB

[momof5]

to the OP, did you get your refunds before or after you filed?

I have the same question for you? It sounds like you had to repay all this because you had already filed and then the money came in?

[deafbroke]

I have the same question for you? It sounds like you had to repay all this because you had already filed and then the money came in?

That's righy. But the problem I have with it is they had a month from the time I filed till my 341 meeting. Plenty of time to inform me by mail or email that the refunds and stimulus had to be surrendered but nothing was said until the meeting. I have reciepts for what I spent and all of it was neccessities but the trustee wouldn't consider it. I will be talking with an attorney tuesday and bringing up scheduling a meeting with the bankruptcy judge to have him reverse the trustees decision based on the reciepts.


DB

[deafbroke]

Met with attny today. Trustee dang near cleaned out our checking accounts and demands we pay back $2500 in the state, federal refunds, and stimulus check. He also said we must surrender the 2nd property we have.

At meeting today attny is going to ammend the entire return and said the money taken will be returned, the fed, state and stimulus will be exempted, so we won't have to pay it back and we will be able to keep the 2nd property.

Assuming all works out that is huge. It depends on trustee and whether he objects to the ammended petition.

keeping my fingers crossed.

DB

[dmc-2008]

Sounds like an absolute nightmare.

I have daycare costs and I have put the refund and the stimulous in a savings accout to pay for my daughters daycare in advance for next year. If I don't do it, I wll have to charge it yet again!!!

I wonder if they would take it from me!!!

Gosh!!! Nightmare

[deafbroke]

Sounds like an absolute nightmare.

I have daycare costs and I have put the refund and the stimulous in a savings accout to pay for my daughters daycare in advance for next year. If I don't do it, I wll have to charge it yet again!!!

I wonder if they would take it from me!!!

Gosh!!! Nightmare

If it's not exempted on your filing they will. they came across as very nice and informative in my 341 and then they stuck it too me. I filed Pro Se origionally (no attorney), but after getting my checking accounts cleaned out and told I had to repay $2500 I hired an attorney and from what he said it all is reversable and I should be ok. Sounds too good to be true but I'm hoping. Don't let them fool you, have you arse covered all around.

DB

[dmc-2008]

Thanks DB.

You really have had a tuff row to hoe with your BK. I hope it all works out.

There are so many factors to consider and so many .... loopholes!