Our plan was confirmed on 6/28/07 ...our income is: my husband's retirement pension fund and my income is 1099 independent contractor (self employed).
I have been making the payments myself since 1/07 waiting for husband's pension plan to pay the trustee as ordered by the court.
I didn't get this letter since it was not sent to me because i saw it on pacer but it was sent to our attorney and the trustee BY the lawyer who represents the pension fund
saying that due to the fact that the pension is governed by ERISA and due to the anti-assignment provisions of ERISA that they cannot make payments to the trustee!
They also go on to say that in the past (even involving this trustee which goes on to say that they will name names and case numbers if needed) that the trustee, the lawyer for the pension fund, and the debtors lawyer agreed to resolve by doing an amended confirmation saying that the debtor would make the payments to the trustee. Then the lawyer for the pension plan goes on to say that he recommends that in this case and that in previous cases concerning this the court has not had a problem with such amendments under these circumstances. (this trustee wants it taken out of payroll and them to mail it in).
Anyway, they can't take it out of mine because I'm not an employee of the place i am working at, i'm a contractor and these people don't even take out my taxes.
I guess the reason why i'm posting this is to find out or check to see if the chances would be good for us to pay it ourselves like we have been for the past 7 months.
They can't just drop the whole thing and reverse the confirmation and dismiss it on the grounds that the pension plan won't pay the monthly plan amount, can they? I mean that would be totally nuts!! I can't help it if the law tells them they can't pay it and I can't help it if i'm self employed!
I have been making the payments myself since 1/07 waiting for husband's pension plan to pay the trustee as ordered by the court.
I didn't get this letter since it was not sent to me because i saw it on pacer but it was sent to our attorney and the trustee BY the lawyer who represents the pension fund
saying that due to the fact that the pension is governed by ERISA and due to the anti-assignment provisions of ERISA that they cannot make payments to the trustee!They also go on to say that in the past (even involving this trustee which goes on to say that they will name names and case numbers if needed) that the trustee, the lawyer for the pension fund, and the debtors lawyer agreed to resolve by doing an amended confirmation saying that the debtor would make the payments to the trustee. Then the lawyer for the pension plan goes on to say that he recommends that in this case and that in previous cases concerning this the court has not had a problem with such amendments under these circumstances. (this trustee wants it taken out of payroll and them to mail it in).
Anyway, they can't take it out of mine because I'm not an employee of the place i am working at, i'm a contractor and these people don't even take out my taxes.
I guess the reason why i'm posting this is to find out or check to see if the chances would be good for us to pay it ourselves like we have been for the past 7 months.
They can't just drop the whole thing and reverse the confirmation and dismiss it on the grounds that the pension plan won't pay the monthly plan amount, can they? I mean that would be totally nuts!! I can't help it if the law tells them they can't pay it and I can't help it if i'm self employed!
. Hang in there, and do your best to let the slow wheels of the legal system grind along at their own pace. You can't control it, so worrying about it is a waste of energy. Keep in touch with your lawyer and let him/her worry instead - that's what you are paying them for. Keep venting here to help cope with the stress - we're here to listen any time.
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