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Has Not asked about stimulus?

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    Has Not asked about stimulus?

    I have already had my 341 as of today. The trustee never inquired about my stimulus check and we even had a pre conference call last week and nothing. The only think I got was something from him intitally which is a standard copy for everyone. At the bottom its stamped and says do NOT sign the stimulus check and send it to him. .Themony is in my savings account and I meant to ask prior to day how I should send it(ie money order). He hasnt asked and I dont want to remind him, what do yall think? I do live in florida, which has exemptions which im pretty sure I have not claimed anything.(Ie) my car is not worth more then i owe..etc
    04/25/08 Filed chap 7
    05/23/08 phone conference with trustee
    05/30/08 341 set
    07/29/08 Last day for objections

    #2
    Do you have an attorney?
    Filed Ch7 3/6/08 [X]
    341 hearing 4/10/08 [X]
    Last day for Objections 6/9/08 [X]
    Discharge AND Closed 6/23/08 [X]

    Comment


      #3
      Yes i do...
      04/25/08 Filed chap 7
      05/23/08 phone conference with trustee
      05/30/08 341 set
      07/29/08 Last day for objections

      Comment


        #4
        No one else?
        04/25/08 Filed chap 7
        05/23/08 phone conference with trustee
        05/30/08 341 set
        07/29/08 Last day for objections

        Comment


          #5
          at our 341 no one brought it up
          Filed Chap 7
          3.23.08
          341
          5.30.08

          Comment


            #6
            I'd consult your attorney. If it was direct deposited that has had to have happened before. However since the letter requests the funds you'll more than likely have to surrender them.
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

            Comment


              #7
              I agree it seems you will have to give the money up. And since it is in your account, you can get a money order for the amount.

              Comment


                #8
                Yes i can get a money order..I know this and I know im sure its happened before. My question was more so that not every person has had to give up thier stimulus. Thanks
                04/25/08 Filed chap 7
                05/23/08 phone conference with trustee
                05/30/08 341 set
                07/29/08 Last day for objections

                Comment


                  #9
                  Not everyone in your district hasn't had to give up stimulus? or everyone in general?

                  I know in my area, we have pretty nice homestead and wildcard exemption, so my tax refund and stimulus will be included in that.

                  Originally posted by gymbofreak View Post
                  Yes i can get a money order..I know this and I know im sure its happened before. My question was more so that not every person has had to give up thier stimulus. Thanks

                  Comment


                    #10
                    I meant from reading on here, some people get to keep theirs and some have not. Im just wondering or hoping if sice it was not discussed furhter if I may be able to keep it. Would the trustee have brought it up at the 341? I have an attorney that I will try to ask on monday but in the interm i as just wondering.
                    04/25/08 Filed chap 7
                    05/23/08 phone conference with trustee
                    05/30/08 341 set
                    07/29/08 Last day for objections

                    Comment


                      #11
                      I would think the trustee would have told you at the 341.

                      Originally posted by gymbofreak View Post
                      I meant from reading on here, some people get to keep theirs and some have not. Im just wondering or hoping if sice it was not discussed furhter if I may be able to keep it. Would the trustee have brought it up at the 341? I have an attorney that I will try to ask on monday but in the interm i as just wondering.

                      Comment


                        #12
                        Have not received my stimulus check. It was mailed on May 23, supposedly. My tax refund was sent directly to Trustee, so I don't know what will happen with stimulus? I'm afraid he has it, so I'll have to go through some grief to get it I guess. Not sure? My attorney says they are not entitled to it.
                        Leftyf
                        Filed Ch 7 - January 29th, 2008
                        341 - February 29th, 2008
                        Discharge - June 20th, 2008
                        Closed - October, 2008

                        Comment


                          #13
                          I filed 01/18 by the way. Stimulus issue never came up, but a refund order was put in place.
                          Filed Ch 7 - January 29th, 2008
                          341 - February 29th, 2008
                          Discharge - June 20th, 2008
                          Closed - October, 2008

                          Comment


                            #14
                            I didnt file until April, and I hope I can keep it.
                            04/25/08 Filed chap 7
                            05/23/08 phone conference with trustee
                            05/30/08 341 set
                            07/29/08 Last day for objections

                            Comment


                              #15
                              Gymbofreak, you need to check your filing to see what, if anything, you claimed as an asset on Schedule B (Form 6) and then exempted on Schedule C. In the state of Florida, you get $1000 personal property, $1000 motor vehicle, and $4000 of any unused homestead exemption as a wildcard. You will have to look at your Schedule C to see how much, if anything, is left for you to exempt your stimulus payment.

                              I *guarantee* you that your Schedule C total is NOT $0, unless you walked into that 341 butt-naked straight from your cardboard box under the bridge.

                              Beyond this, you really HAVE to ask your attorney because it comes down to the specifics of your case, and if there are available exemptions you can use to cover your stimulus, he will have to file an amendment to your schedules to cover it. There is no filing fee for this sort of amendment, but he may charge you for the work involved (that's up to him, some do, some don't).

                              Hope this helps. Good luck!!!
                              Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

                              Comment

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