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questions...looking for your "expertise"

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    questions...looking for your "expertise"

    First of all, thank you everyone for the posts and information, and for being there to make me feel like I'm not a horrible person for having to file.

    Now, for my question...

    My trustee sent me a letter requesting a payment for x number of dollars for the 401(k) contributions in the 120 days prior to my bankruptcy. My actual contributions were half what the trustee is asking for, as are evidenced by the paystubs I've already sent the trustee, and the balance statement for my 401(k). My attorney just told me to send what I thought I owed, attach another copy of the paystubs for the appropriate period, and a letter explaining why I'm paying less than has been asked. This approach makes me nervous for a number of reasons.

    I'm curious to know what the opinion of the board is. What would you do in the same circumstance? I'm really terrified, because the difference between what I actually contributed and what the trustee is asking for is quite a lot of money (for me), especially since my fiance was laid off recently with no notice, and no severance , and there's no chance I can come up with the extra amount in the short amount of time he's provided.


    On another note entirely - and I realize this is something of a longshot - what are my chances of being able to include daycare expenses for my child that include some expenses up to the time of filing, but also 12 days after? I really, really don't want to pay this place as I yanked my child after finding out the teacher was being verbally abusive and allowing my little girl to be bullied by two of the other kids in her class. They're sending me collection notices currently and, well, there's only 1/3 the income there used to be coming into our home currently.

    #2
    why would you have to pay him more? I don't get that at all. He must have a figure wrong?

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      #3
      Are you chapter 13?
      Chapter 7 07/30/2008
      341 09/17/2008
      Discharge 11/21/2008

      Comment


        #4
        I started out as a no asset chapter 7. Sometime after my 341, that appears to have been upgraded to an asset chapter 7. I don't think there's anything but the 401k contributions, but I'm probably wrong about that. I just can't think what else there could be - no house, no real stuff, just a car I owe money on. I didn't think about the payroll contributions to my 401k because, well, they weren't very big. Besides which, I hadn't anticipated being able to file bankruptcy as soon as I was able - didn't realize that my prepaid legal plan covered it until a month or so before, and started making payments to my attorney for the balance not covered.

        I don't know why he's asking for the amount he has in the request - just that it's wrong. I'm just hesitant to be the one to contact him to tell him that. I'm sure it's just a simple miscalculation, but just sending a check in for less feels like...non-compliance to the request? I'm afraid it'll come back on me later, I guess.

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          #5
          The trustee should have sent a letter outlining how they came to that dollar amount. We get the letters all the time and argue back and forth on the amounts. Once we are in agreement with the amount (our office and the trustee) we then send that amount.

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