Surely not.

[tigergem]

Surely a Trustee would not disregard a court order.

Would he?

[justbroke]

Trust me... it could happen. I have read many cases where a Motion to Compel was done after the Trustee failed to follow an order of the court. Trustees are certainly not infallible, and a smart Trustee would make sure they don't get into any trouble since they are appointed by the Office of the United States Trustee (OUST).

So, which order is this?

[tigergem]

I had filed a motion to modify for the purpose of keeping my income tax refund again this year.

I was kind of air headed about it and neglected to file the motion to modify until after my refund arrived, and so I went ahead and paid it to him so that I would not be in violation of the standing order, and requested a refund from him in my proposed order.

Objections were made, addressed and withdrawn. The judge signed my proposed order "as is" on the 18th. It appears from the 13 database that the Trustee normally cuts checks on the last Wednesday of the month, but on my case, nothing has been paid out since April. (I know that he holds all monies while a motion to modify is pending.)

I wanted to give him benefit of the doubt that the web site is simply not "caught up". Perhaps because of that derecho, and who knows where the server might be located - - it could be down or not updating. Except for the fact that I have also not yet received the payment, and regular mail is a one day trip between here and there. I could tell that somebody had been working on my case from that end, because certain "attention to detail" types of errors were being corrected each time I checked it. So I tried to call Thursday and Friday to inquire the status, but could only get voice mail. When I leave voice mail there, they almost never call me back, so I didn't bother. I'll wait til somebody actually answers the phone.

How long would one reasonably wait to file a Motion to Compel?

[justbroke]

I would like to think that a Motion to Compel compliance with an order of the court could be filed after 14 days of the signed order! If it's been more than 2 weeks, you should file the motion.

You "might" want to contact the Trustee's office first to give them an opportunity to tell them when you will get your check. I had to do the same when they held my funds after my case was converted. They claimed they were waiting for all the checks to return so they would only need to send out one check, but they were already holding over $11K at the time and another $3K or so was about to come in. I did get them to issue me the $11K by just talking to one of the Trustee's clerks and telling them that I needed the money and couldn't wait for their "monthly" checks! They sent me a certified check!

[tigergem]

Monday will be two weeks. So if they don't answer the phone on Monday, then I surely will work on that Monday night. I gave up leaving voice mails over there because they never ever call me back. I suppose I could send him an email, but the last time I did that, several months ago, I had questions about some of the accounting as shown on his web site. I thought it would be easier to correct the errors at the time rather than trying to figure it out later. Also because I am nearly as anal about minutia as he is, and especially accounting errors, it just irritated me to see those errors when I was checking to be sure my payment had been received. But -- They never answered me. So I am hesitant to email him any more. NOW I see some of THOSE errors being corrected this past week. As much respect as I have for my Trustee "on the battlefield" so to speak, his staff mostly still treats me like the bald headed step child. Thanks JB. As usual you are a gem.

[tigergem]

BTW: That worked. Thanks JB.

[justbroke]

What worked?

[tigergem]

What worked?

Motion to Compel, compelled.

Sorry I don't have to much to say about it. I was hesitant to file it. Didn't like having to do it. But it accomplished my mission, post haste, I might add. Although he denied it "as if" he was just about to do that anyway. Whatever. Moot point. A victory, but left a bitter after taste. HOPE I don't have to do it again.