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    Stimulus question?

    We filled ch.7 in April. We got a letter from the trustee saying that we had to give her the stimulus check and so forth in mid may. We had our 341 meeting in June and the trustee said nothing about the stimulus check. She had one persone sign a waiver saying that they were to hand it over once they received it but she never made any mention to us about it at all.

    So I go to check pacer to see if they have any record of my stimulus check and there is nothing. I checked everything on pacer and there is nothing referencing anything about my stimulus.

    Here is what it says for my 341....

    Trustee's Notice that 341(a) meeting of creditors concluded and Report of No Distribution. The duly appointed Trustee of this estate reports that the debtor(s) appeared and submitted to an examination under oath at the meeting of creditors under section 341(a) of the Bankruptcy Code and this meeting was concluded. The trustee also reports that he/she has neither received any property nor paid any money on account of this estate except exempt property; that he/she has made diligent inquiry into the financial affairs of the debtor(s) and the location of property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Scheduled assets not claimed as exempt, if any, are found to be without value to creditors of the estate and are abandoned. Pursuant to FRBP 5009, the Trustee hereby certifies that this estate has been fully administered and requests this report be approved and the Trustee be discharged from any further duties as Trustee in this case (Entered: 06/02/2008)


    I still have not received my stimulus check yet and my bk should discharge within a month. When I recieve it, should I just keep it and see if they request it again? When we got the letter it was just by mail. We didn't have to sign for anything. We could say that we never received the letter? Any advice would be greatly appreciated

    #2
    Don't play like that. Turn it over and be done with.
    They don't have to prove you got the letter-just that it's reasonable to infer that the letter was mailed. I'd done risk my bk.

    Comment


      #3
      If you still don't hear anything after your discharge in regards to it, then I would keep it.
      Filed 5/22/08 341 Meeting 6/19/08 (No Asset) Last Day for Objections 8/19/08 Discharged 8/22/08 Case Closed 8/25/08
      Credit Score 4/28/08--660 6/10/08--528 Credit Score 8/30/08--625

      Comment


        #4
        I would be surprised if you receive the check at all. Your trustee may have intercepted it already (or is in the process of intercepting it) as ours has. If it does end up in your hands, I would play it safe and contact the trustee. It really isn't worth risking your discharge, is it?

        Comment


          #5
          Yeah you are right it isn't worth risking the discharge for sure. We could just really use the money. Dang it man. So you guys think that I should contact the trustee?

          Could they dismiss my case because of it? Wouldn't they at least follow up with me and tell me that I was missing it? Just curious.

          Comment


            #6
            Surferboy, It is sound advice. Don’t take the chance. You might just call the Trustee up and ask if you could keep it? That would be safe. If he says yes, you are free to cash it. WHEN he says no, it was at least worth a try, but you are then safe also. I had no problem with mine, since I owed taxes, it was deducted from what I have not paid IRS, I just sent that notice to my Trustee. IRS is going to get their money for sure. ‘Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

            Comment


              #7
              Ouch that sucks. Yeah I am thinking that you guys are right.... I just know that with my luck my trustee is going to go ohh dang I forgot to get yours....You shouldn't have told me.....haha

              I can see it now

              Comment


                #8
                I would wait for them to contact me personally ! Just don't spend the $$ if they want it, it is their job to get it not yours. JMO

                Comment


                  #9
                  I wouldn't keep it and I would contact the trustee to cover my tush.

                  Comment


                    #10
                    I'm not sure where you other posters live but if the trustee notated in Pacer there were no assets for distribution then I would take that to mean that the stimulus money is exempt. But you should ask your attorney first and just to be safe, don't spend the money. I would not ask the trustee unless you filed pro se.

                    I live in Michigan and no mention was made of my stimulus check or my income tax refund. I am from a state that allows you to use the Federal exemptions. I see FL isn't.

                    I hope you are able to keep the money,
                    Last edited by iloveoliver; 07-10-2008, 07:45 AM. Reason: sp
                    Filed 3/21/2008
                    Meeting of Creditor 4/28/2008
                    Deadline for objections 5/28/2008
                    Discharge date 6/27/2008

                    Comment


                      #11
                      iloveoliver - I live in SoCal, and my stimulus was exempt. I knew that before I filed. But not everyone has that luxury, so it is better to wait and see then to spend and have to pay it back w/ money you don't have.

                      Comment

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