Trustee's Directive to Turn Over Tax Refund

[poppycock]

We filed in February 2009, our confirmed plan states that we must turn over tax refunds for 08, 09, and 10. At our 341 meeting in March we asked the Trustee if we would be able to keep the non-exempt portion of our 08 return to make up for lost wages for my wife as she had a scheduled surgery that would keep her out of work for a few months. The Trustee asked how much the additional refund was, we gave the figure, she said we would be able to keep it and would just need to send the proof of her disability time off from work.

Our Attorney's representative was present at our 341, we have heard nothing from their offices or the Trustee regarding this until now. We received a Trustee's Directive dated 9/19/09 to Turn Over Tax Refund, the portion that was over the exemption allowed. Two calls to the Trustee to attempt to remedy received a reply that we needed to send notice through our Attorney. The Attorney want's $500 to file the motion and appear at a hearing for it, I don't have it. The amount they want turned over is $1860, it's been spent on living expenses, and the wife is still out of work collecting 65% disability going on 15 weeks now.

My questions after getting that off my chest. Can I file this motion myself after being represented by an Attorney already, if so what is it called? Should I keep trying to call the Trustee to settle the matter?

Any advice will be most appreciated, and THANK YOU ALL for the information on these forms.

[lrprn]

Can I file this motion myself after being represented by an Attorney already, if so what is it called?

Your problem started when your attorney didn't file the motion to keep the agreed portion of your 2008 return right after the 341.

Your attorney has the right to ask for additional funds to file the motion. This is outside the normal Ch 13 representation that was included in your fees. Have you explained to your attorney that you don't have $500 to pay him/her to file the motion? Would he/she be willing to take a payment plan to pay the $500 over time?

You could file the motion yourself, although since you have legal representation, it makes no sense to do so. I don't know the name of the motion to file - one of our more 'court-procedure-knowledgeable' members may know.

Should I keep trying to call the Trustee to settle the matter?

Having already tried it twice. The third, fourth, and fifth call will just get you the same answer - talk to your attorney.

[poppycock]

Is it correct that once your plan is confirmed ,the only way to modify anything is to file a motion with the court?

I have a letter ready to send to our Trustee explaining the situation, ending with "While understanding you can not give legal advice, is an Attorney necessary to resolve this matter? I can provide all documentation to you from her Doctor, employer, and disability insurance to show lost wages and time out of work.
Your assistance is greatly appreciated,"

Should I bother sending it or just work with the Attorney on the fees?