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Challenging the Trustee

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    #1

    Challenging the Trustee

    Okay, so some of you may know me, and some not. Well, see my blog for some further details.

    I'm about to challenge the Trustee on two fronts. First, they changed my monthly payments an additional $100/month so that I pay 2% to creditors. However, my plan clearly reads 0.2%. So, I'm going to first bother them on my now confirmed plan.

    Then, I will challenge the Trustee on my tax refunds. My spouse will be an injured spouse on my IRS return. If the IRS takes my whole refund as a setoff, then I'll have to fight the IRS over the injured/innocent spouse rule, to get some of it. Then, I'm sure the Trustee will want it too, as I'm to give all refunds to the Trustee.

    Anyone successful at this or has done this with an attorney?

    I'm not frightened by the prospect of having to file a motion, but hey.... I really don't want to be in court litigating this BK anymore!
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
    Tags: None
    #2
    Originally posted by justbroke View Post
    Okay, so some of you may know me, and some not. Well, see my blog for some further details.

    I'm about to challenge the Trustee on two fronts. First, they changed my monthly payments an additional $100/month so that I pay 2% to creditors. However, my plan clearly reads 0.2%. So, I'm going to first bother them on my now confirmed plan.

    Then, I will challenge the Trustee on my tax refunds. My spouse will be an injured spouse on my IRS return. If the IRS takes my whole refund as a setoff, then I'll have to fight the IRS over the injured/innocent spouse rule, to get some of it. Then, I'm sure the Trustee will want it too, as I'm to give all refunds to the Trustee.

    Anyone successful at this or has done this with an attorney?

    I'm not frightened by the prospect of having to file a motion, but hey.... I really don't want to be in court litigating this BK anymore!

    This is just a typo a clerical error on their part, I'm confused.
    So the poor debtor, seeing naught around him
    Yet feels the narrow limits that impound him
    Grieves at his debt and studies to evade it
    And finds at last he might as well have paid it.

    Comment

      #3
      Good for you to challenge BS like that. Go get that piece of crap calling himself/herself a "trustee". Best of luck.

      Comment

        #4
        Originally posted by Dst1 View Post
        This is just a typo a clerical error on their part, I'm confused.
        No. I did submit an amended plan that was at 2.00%. Then my confirmed plan, which was another amendment, was 0.02%.

        So, they just don't read... or they really believe that I should pay 2%. This is something I will have to deal with. It's costing me an additional $100/month out of money I already don't have.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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