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What if Company doesn't pay trustee

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    #16
    Update Again

    well, trustee said we could pay him ourselves instead of it being taken out of check.... so that was good. He also said we could keep stimulus check...even better.

    I was watching to see when Motion to Dismiss would be withdrawn and it hasn't been so contacted attorney again:
    She talked to Trustee again on Friday. He wouldn't withdraw motion because he said our case would exceed 60 months (which is NOT the case.. we are actually ahead on payments somehow) Our attorney discussed this and ultimately they figured out that our Trustee's Software was figuring it wrong! The software guy was out of town so the Trustee asked my attorney if we would go on "Strict Compliance" for 6 months and then he'd withdraw motion.....She said No Way b/c none of this (company holding payment, or software issues of Trustee) was our fault. She would agree to reset hearing which is this Thursday for 30 days so that Trustee could get software issue fixed and Withdraw the motion.

    This is all so crazy as has our entire case. Attorney said that on Thursday(the set hearing day for Motion to Dismiss), the hearing would be reset. She would be there and make sure of it.

    Just based on everything that's gone weird in our case, I hope that actually happens and our case does not get dismissed b/c of errors of other people.
    Filed: Feb 15, 2007
    Confirmed: Sept 20, 2007
    21 months down
    39 months to go

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      #17
      A "Motion to Compel" can be filed against the employer (if necessary) to get them to comply with the third party payment order. If they fail to comply, your attorney could seek sanctions/attorney fees from your company. Obviously, this is touchy (b/c you sure don't want to tick off the employer).

      I had to file one recently for a client, and within two weeks the missing payments were sent in.

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        #18
        Motion to Dismiss

        After being assured everything will be fine, checked pacer this morning and there is Motion to Dismiss...waiting on attorney to call me back.
        Apparently Attorney didn't file response to Motion to Dismiss even though she was talking with Trustee to get this worked out..... so now I have no idea what's gonna happen!
        Filed: Feb 15, 2007
        Confirmed: Sept 20, 2007
        21 months down
        39 months to go

        Comment

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