Here's a little background on my situation - I have an older relative that lives with me and gets a monthly Soc Sec check that is deposited directly into a joint checking account. This income was listed on my petition along with their expenses.
Here is my story:
The day before the 341 meeting - my attorney said the trustee requested a current paystub showing that I was no longer contributing to my 401k plans. Also, he needed proof that I was no longer paying back a 401k loan. Okay.
No problem there. I could bring these documents to the meeting with me. The trustee also requested an IRS qualification letter as proof the 401k plans were qualified exempt plans. Again, no problem here either. Have the documentation and will bring it to the meeting.
Morning of 341 meeting - I inform my atty that I have the documentation trustee has asked for. Atty response - it's good you have it, but if he doesn't ask for it we will not submit it.
341 meeting -
The trustee asks - 1) what is your home ph #? 2) Do you have a cell phone where you can be reached? 3) does your relative receive assistance from any other sources, such as medicare for hospitalization and/or prescriptions, financial assistance from other relatives, and/or medicaid. Answer: relative receives hospitalization for Medicare (Part A & B), 4) What is your annual salary for 2005?
The trustee does not ask - for the addl documentation requested and my atty does not want it either. In fact, she returned most of the documentation I had given to her. I was happy about that.
At end of meeting - the trustee recommends to my attorney that my plan be increased from 68% to a 70% payback. The reason I do not get. Maybe someone on the board can help me or share their thoughts on this.
Post 341 meeting - My atty said that the plan we had put together was a good plan and in her professional (20yr) opinion, there was no reason for the trustee to suggest that the plan be increased to 70% and she would not increase it unless I insist. Needless to say, I went with her professional opinion. But now, I am still very uncomfortable and seek the opinions of anyone on this board that cares to share one or many or....whatever thoughts you have are welcomed! I can't seem to relax as I am afraid it is not over yet. My atty appeared pretty confident that I did not have anything to worry about but for some reason or another I just can't seem to stop worrying. Any words of wisdom, hope or encouragement is very much appreciated. My confirmation hearing is set for 12/6 with the Creditor objections due in January.
Thoughts please...oh wise ones.....thanks so much! This board has been and continues to be a life saver.
Regarding Tax refunds - The Chapter 13 trustee is not interested in tax refunds. In the pre-341 orientation the trustee holds he stated that unless you owe funds to the IRS you should continue to receive any tax refunds that are due you. You can continue to file electronically but refunds will go through the Special Handling arm of the IRS so there will be a delay in receiving them.
Lastly, I checked Pacer and a wage order has been submitted to my employer. Does this mean that I'm good to go? Or, on the right track as the Chapter 13 trustee suggested at the end of the meeting? But he also said be sure to stay in touch with your attorney.
I apologize for the extremely long post. Just trying to get as much information out here so that anyone that wants to respond have as much info as possible. I also wanted to contribute some content that may prove helpful to others.
Here is my story:
The day before the 341 meeting - my attorney said the trustee requested a current paystub showing that I was no longer contributing to my 401k plans. Also, he needed proof that I was no longer paying back a 401k loan. Okay.
No problem there. I could bring these documents to the meeting with me. The trustee also requested an IRS qualification letter as proof the 401k plans were qualified exempt plans. Again, no problem here either. Have the documentation and will bring it to the meeting.
Morning of 341 meeting - I inform my atty that I have the documentation trustee has asked for. Atty response - it's good you have it, but if he doesn't ask for it we will not submit it.
341 meeting -
The trustee asks - 1) what is your home ph #? 2) Do you have a cell phone where you can be reached? 3) does your relative receive assistance from any other sources, such as medicare for hospitalization and/or prescriptions, financial assistance from other relatives, and/or medicaid. Answer: relative receives hospitalization for Medicare (Part A & B), 4) What is your annual salary for 2005?
The trustee does not ask - for the addl documentation requested and my atty does not want it either. In fact, she returned most of the documentation I had given to her. I was happy about that.
At end of meeting - the trustee recommends to my attorney that my plan be increased from 68% to a 70% payback. The reason I do not get. Maybe someone on the board can help me or share their thoughts on this.
Post 341 meeting - My atty said that the plan we had put together was a good plan and in her professional (20yr) opinion, there was no reason for the trustee to suggest that the plan be increased to 70% and she would not increase it unless I insist. Needless to say, I went with her professional opinion. But now, I am still very uncomfortable and seek the opinions of anyone on this board that cares to share one or many or....whatever thoughts you have are welcomed! I can't seem to relax as I am afraid it is not over yet. My atty appeared pretty confident that I did not have anything to worry about but for some reason or another I just can't seem to stop worrying. Any words of wisdom, hope or encouragement is very much appreciated. My confirmation hearing is set for 12/6 with the Creditor objections due in January.
Thoughts please...oh wise ones.....thanks so much! This board has been and continues to be a life saver.
Regarding Tax refunds - The Chapter 13 trustee is not interested in tax refunds. In the pre-341 orientation the trustee holds he stated that unless you owe funds to the IRS you should continue to receive any tax refunds that are due you. You can continue to file electronically but refunds will go through the Special Handling arm of the IRS so there will be a delay in receiving them.
Lastly, I checked Pacer and a wage order has been submitted to my employer. Does this mean that I'm good to go? Or, on the right track as the Chapter 13 trustee suggested at the end of the meeting? But he also said be sure to stay in touch with your attorney.
I apologize for the extremely long post. Just trying to get as much information out here so that anyone that wants to respond have as much info as possible. I also wanted to contribute some content that may prove helpful to others.
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