Question --- Post Petition Receipt of Wages?

[Fallonedward]

We are filing on Nov. 4th. Will the trustee be entitled to 25% of my wages from Nov.1st thru Nov. 4th or would it be 25% till the 341 hearing?


Hubby gets UI, I am hoping the trustee does not get 25% of that

[tobee43]

fallon are you doing a chapter 7 or chapter 13.

in our district UI was exempt under the ss act...so we didn't have to worry about that...

[Fallonedward]

We are doing a chapter 7 , Tobee

thanks for the help

fallon are you doing a chapter 7 or chapter 13.

in our district UI was exempt under the ss act...so we didn't have to worry about that...

[tobee43]

We are doing a chapter 7 , Tobee

thanks for the help

fallon...you do need to check whether the UI is exempt in your district under the ss act. some districts it is...others it is not.

however....until your case is determined a no asset or asset case, you will not be paying anything...and my general feeling from your posts, is that your case i hope i hope I HOPE will be a no asset case...i have my fingers and toes all crossed for you...

[Fallonedward]

I'm hoping that I'm a no asset case as well. I'm using Federal so that I can have my wild card. I'm upside down on my house, no equity, my one car that is paid off and is 7 years old and 189,000 miles is under the $3K and my other car is a used 2007 that I purchased this year and have only made 6 payments on is under the $3K amount.

I can not for the life of me think what a trustee could state is an asset. We have 10 plus year old furniture that is falling apart, a 3 year old refurbished computer and no collectables.

Tobee, I appreciate you helping me out as I'm in my final stretch to the finish line and I'm worrying about everything. I'm very honest but I keep worrying that I will forget something

fallon...you do need to check whether the UI is exempt in your district under the ss act. some districts it is...others it is not.

however....until your case is determined a no asset or asset case, you will not be paying anything...and my general feeling from your posts, is that your case i hope i hope I HOPE will be a no asset case...i have my fingers and toes all crossed for you...

[tobee43]

I'm hoping that I'm a no asset case as well. I'm using Federal so that I can have my wild card. I'm upside down on my house, no equity, my one car that is paid off and is 7 years old and 189,000 miles is under the $3K and my other car is a used 2007 that I purchased this year and have only made 6 payments on is under the $3K amount.

I can not for the life of me think what a trustee could state is an asset. We have 10 plus year old furniture that is falling apart, a 3 year old refurbished computer and no collectables.

Tobee, I appreciate you helping me out as I'm in my final stretch to the finish line and I'm worrying about everything. I'm very honest but I keep worrying that I will forget something

it's because your so honest that you are worried....dishonest people can care less....so your concerns are real and expected from someone going through all of the emotional roller coaster rides that one experiences during this trying process....

you will be fine...and when you are feeling down...we are all here to pull you back up. it's a hard run, but you'll be just fine...promise...

[Fallonedward]

Tobee, you are my saving grace in my storm. When you were MIA a few days back I really missed your posts, they are so calming to me...

it's because your so honest that you are worried....dishonest people can care less....so your concerns are real and expected from someone going through all of the emotional roller coaster rides that one experiences during this trying process....

you will be fine...and when you are feeling down...we are all here to pull you back up. it's a hard run, but you'll be just fine...promise...

[backtoschool]

We are filing on Nov. 4th. Will the trustee be entitled to 25% of my wages from Nov.1st thru Nov. 4th or would it be 25% till the 341 hearing?


Hubby gets UI, I am hoping the trustee does not get 25% of that

Where I filed, UI is counted as income for the means test, but is exempt from the 25% rule for assets.

[Fallonedward]

I'm just worried if I need to save 25% of my take home pay (from my job) for the trustee?

Where I filed, UI is counted as income for the means test, but is exempt from the 25% rule for assets.

[tcreegan]

Hi Fallonedward,

25% of 4 days wages....I don't think the trustee is even going to blink.....

Under federal, UI is exempt per 11 USC § 522(d)(10)(A)

I am confused though, I have seen the 25% bit in state laws, but thought there was no exemption for wages in federal...

BUT, don't want you to worry Fallonedward, the 4 days before filing..I don't think the trustee will even blink....

Hang in there!

Tom in Colo

[free2breathe]

The letter from our trustee prompts us to calculate a net wage computation owed as of the date we filed. I know this is a form letter that goes out to every chapter 7 this guy deals with, but I'd hope that with a DMI of $15, he wouldn't even think of taking part of our wages. Same with our bank balance. Cash isn't exempted in this state, but it's pretty obvious from our Schedule J where our money goes, and that we have next to nothing at the end of the month. I've worked hard to become a budget-pro on next to nothing. I'd hate to get kicked in the shins in the end!

[tobee43]

Tobee, you are my saving grace in my storm. When you were MIA a few days back I really missed your posts, they are so calming to me...

thank you fallon, that is very sweet of you...we are all here to help and support you, we all understand what it's like to go through this. so like another poster puts it...we are just playing it forward.. so glad i could help a bit.

[tobee43]

The letter from our trustee prompts us to calculate a net wage computation owed as of the date we filed. I know this is a form letter that goes out to every chapter 7 this guy deals with, but I'd hope that with a DMI of $15, he wouldn't even think of taking part of our wages. Same with our bank balance. Cash isn't exempted in this state, but it's pretty obvious from our Schedule J where our money goes, and that we have next to nothing at the end of the month. I've worked hard to become a budget-pro on next to nothing. I'd hate to get kicked in the shins in the end!

i hear you loud and clear on that!! most likely you have nothing to worry about either. it's really the fear of the unknown at this stage that makes everything just a "guessing" game...which of those that play chess can't even attempt to figure out!!

one never knows what type of trustee one will receive...will it be the nice guy who feels sorry for everyone or the mean old b***h who needs a boyfriend so badly you want to fix her up with your spinster uncle!!!

after you submit your paper work, it's going to really be up to your trustee and the guidelines of your district....HECK...me...my district has like 12 counties in it or some outrageous amount and each county has different guidelines!!

you won't get kicked!! maybe slapped about a bit...but not kicked..besides usually nothing cannot be fixed..

[Fallonedward]

Thanks so much

Hi Fallonedward,

25% of 4 days wages....I don't think the trustee is even going to blink.....

Under federal, UI is exempt per 11 USC § 522(d)(10)(A)

I am confused though, I have seen the 25% bit in state laws, but thought there was no exemption for wages in federal...

BUT, don't want you to worry Fallonedward, the 4 days before filing..I don't think the trustee will even blink....

Hang in there!

Tom in Colo

[free2breathe]

one never knows what type of trustee one will receive...will it be the nice guy who feels sorry for everyone or the mean old b***h who needs a boyfriend so badly you want to fix her up with your spinster uncle!!!

LOL! At least I know I'm not getting a b***h, so my spinster uncle is safe. So, I hope the guy we get is a nice guy. Not necessarily looking for him to be feeling sorry for us, but feeling fair would be good.