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
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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.
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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 PostYes 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
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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
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I would think the trustee would have told you at the 341.
Originally posted by gymbofreak View PostI 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.
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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.
LeftyfFiled Ch 7 - January 29th, 2008
341 - February 29th, 2008
Discharge - June 20th, 2008
Closed - October, 2008
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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!
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