341 Over

[casdem1]

We had our 341 and it was a breeze. Just a couple questions from the trustee and no creditors present. They gave us the 13datacenter.com address to look at our information. How do you tell from this website what creditors have filed claims? Under the claim summary it just looks like everyone we listed, but most are zero under claim amount. We are under a 30% payback, so I know that we won't payback early or our monthly amount won't go down, but I'm just curious if everyone we owe (and there are a lot!) will file a claim.
Also, the trustee did not say anything about bonus checks (which I receive a couple times a year) and they did not say anything about sending in income tax forms, w2's, or pay check stubs. I get the impression that as long as the monthly payment is on time, there is little prying into income. Does this sound right?
This is a great forum and I really appreciate the help! Thanks...

[liz417]

Hi there!
Sounds like your 341 went well Do you mind sharing what your monthly payment will be and if it was close to what your attorney estimated at the begining? Sounds like you got a pretty easy Trustee...cool...our attorney told us that we would have to turn over all bonuses and tax refunds for the next 5 years I guess it just depends on your Trustee/district.
Good Luck on your plan~

[casdem1]

Our payment is $3260 per month which includes a house payment of 2260 and arrears of 10,000. We also owe the IRS, state taxes, and property taxes, and one car which are all priority or secured claims. Our payment was exactly what our attorney figured. There were about six people before us and I did not see the trustee object to any payments or any plans. If fact, there were about 30 filings in our meetings and the only creditor present was the IRS, and they were only there for about five people.
My attorney said I would have to turn over my bonus, but the trustee did not mention it and there is another lady in my company who is in a chapter 13 and she did not turn over her bonus. I'm just curious on how the trustee would even know about it since they don't require tax returns, pay stubs, or w2's. I don't want to get dismissed because I did not do everything I am supposed to do, but if the trustee did not mention it - then why should I?
Also, we went to the required financial managment class after the 341 and it is sponsored by the trustee's office. In the class, the instructor, who works for the trustee said income tax refunds had to be turned over, but not the stimulus checks. She did not say anything about pay increases or bonuses. It just seems like a really good group to work with. They seem committed to helping people succeed. She was very outspoken about how credit card companies and some mortgage lenders take advantage of people.
I was very encouraged after my 341 and the financial management class.

[rrockinggramma]

read your printed out plan very carefully. Ususally it states in there about tax returns, tax refunds, bonuses, extra income. In addition, my trustee has a printed booklet that he handed out that states what you can and cannot do. Check your trustee's website to see if any of this is listed. It also should have a link to the local BK court in your state and hopefully the "local" rules are listed there in a PDF file. Also court opinions, which are free to view, will tell you which cases the trustee is objecting to and how the judge ruled on them. So research and see if not paying in your bonus is an issue for your trustee. My trustee is death on IRS federal tax refunds. LOL

[casdem1]

Thanks so much for the info. I went to the website and this is what I found:
Also included among property of the estate are: 1) all income
tax refunds, bonuses, unused vacation pay, and any other irregular or
incidental disposable income received by the debtor(s) during the plan
term; and 2) any inheritance, proceeds of any lawsuit, or any other
windfall in excess of $500.
My question is answered!

[ccgirl]

read your printed out plan very carefully. Ususally it states in there about tax returns, tax refunds, bonuses, extra income. In addition, my trustee has a printed booklet that he handed out that states what you can and cannot do. Check your trustee's website to see if any of this is listed. It also should have a link to the local BK court in your state and hopefully the "local" rules are listed there in a PDF file. Also court opinions, which are free to view, will tell you which cases the trustee is objecting to and how the judge ruled on them. So research and see if not paying in your bonus is an issue for your trustee. My trustee is death on IRS federal tax refunds. LOL

I agree...my trustee never said anything at the 341 meeting, but it is written in my plan about tax refunds. When I was checking the court docket for my Confirmation Hearing there were a lot of people being dismissed for failure to pay the trustee tax refunds.

[casdem1]

Where do you look for the judge opinions and court dockets? Thanks...

[rrockinggramma]

mine are listed on the Michigan Bankruptcy website under court opinions etc. So I would just type in your state's name and bankruptcy and see if your state's website comes up and then just have fun searching. I look at the judge's dockets to see what cases they have coming up and the reasons for dismissal filed by the trustee's and I read the court opinions to see how the judges ruled on topics of interest to me. And it is all free.

http://www.mieb.uscourts.gov/

just insert your state's first 2 letters in the web address and above and hopefully it will come up.

[jwbbx]

I had my 341 today, and it seemed to go well too. I think that now is when objections from the trustee start showing up though. My attorney has told me to expect them, they're just part of the process.