Is the Universe really out to get me???

[Scottowl]

I have a 341 hearing coming up next Wednesday. This is a Ch 7 case, converted from 13.

Since January 4 of this year I have been battling with my ex-employer (I retired early this month) about vacation time earned last year, to be used in 2022.

Today I learned this vacation will be paid out at $3000, to be deposited tomorrow, which is 5 days BEFORE my 341.

Will the trustee grab me by the ankles and shake until this money is dislodged?

[yeahknow]

I believe that your bankruptcy information is everything BEFORE you filed. Basically from that filing date backwards 6 months. I would not say a thing. If the question is asked, I would be honest.

[justbroke]

During a conversion, the money doesn't become part of the Chapter 7 bankruptcy estate. From what I understand, the moment you convert, the Chapter 13 ended and your converted Chapter 7 has the same filing date as when you filed the Chapter 13. Since the Trustee's job and the Chapter 13 ended, I don't see that there is anything the Trustee would do.

This is simply because the moment the Chapter 13 ended, the Chapter 13Trustee must return all money that has not been distributed to the debtor. They can't give it to the Chapter 7 Trustee since it's not considered part of the Chapter 7 bankruptcy estate.

I would double check with my attorney, but I'm pretty sure this is the case. My Trustee returned over $11,000 to me that she was holding at the time of my conversion. (I had a hard time with my Trustee at first since I needed to pay my mortgage with that money, but they eventually got it to me.)

As always, since you are/were represented in the Chapter 13, it's best to ask the process. But in every case that I know, the Chapter 13 Trustee must handover all money in their possession at the time the Notice of Conversion is filed.

[Scottowl]

Thank you both!
My atty contacted me promptly, and reassured me that all is good, since it is after the conversion.

This is the first real break I have got in awhile.

[Zombie13]

Scottowl - Hell Yeah!!! I am so glad to hear, you finally got some relief man. Do. Not. Spend. It. All. In. One. Place. KnowwhatI'mSayin? You may need it for something, or, many somethings. Anyway, I am very happy to hear you are finally getting a well-deserved break.

[Barbisi]

Way-to-go, Scottowl!
You earned every penny of that money - you worked hard and deserve all of it!
After so much Sch***se , you finally got a little break from lots of bad luck - big congrats!

[Scottowl]

Thank you guys!

It is liable to be spent in one place though...the mortgage lender.
It will get me very nearly caught up, so I won't be at their mercy when it comes time to reaffirm that loan.
I won't be reaffirming, to be accurate.

I will just 'shelter in place' with the leftover scraps so generously allotted me by the Social Security Administration.
If or when this shack collapses, they may then have it back!

I was really stressing over having a place to stay. I have a little dog to worry about these days, and most rentals will not allow them.
Rentals, LOL! I was closer to moving in under the freeway bridge!

[Carmella]

I am glad it works out in your favor!!!

[Zombie13]

Scottowl , that is great news, that you are catching up on your mortgage! And also, glad to hear you also have a dog.