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I think my Trustee screwed me over!?????

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    I think my Trustee screwed me over!?????

    I think my Trustee screwed me over!

    So, there was a trustee information sheet to be fileld out to be bring with the meeting of creditors. in there I had listed $1k of earned wages, that had not yet been paid to me. I also listed about $20 in cash and like $14 in the bank.

    At the meeting he demanded $1,065 be turned over, the EXACT amount I placed on the info sheet as wages not yet paid to be, but earned.

    I came here afterward, and learned that 75% of those wages, after taxes and insurnance were exempt under the statute.

    I filed an appeal and included the new calculation to be like $300.

    Had a phone conference with the judge and the trustee.

    Trustee said I could amend schedule C to exempt the wages(true, I didn't list earned wages), but even after I did that I still had $417 in holiday pay and another $218 in the bank that I listed, and that I couldnt deduct insurance and that really the new total is like $950 now.


    So to save $50 I need to amend schedule C.

    Judge was "sweet and kind" not other words.

    The problem here, if you didnt catch it,is this aint true. My paycheck stub showed like $1800 in vacation time accrual, and I never listed ANY vacation time on the trustee sheet. I certainly did not have $218 in the bank, I listed $14.

    Its like he made up stuff to still keep me owing around the same.


    Is he screwing me outta $700?????????????

    Is accrued vacation time "earned wages" in Colorado?

    There is no copy of the trustee sheet, I didn't make a copy as it was hand printed(grrrr on me). I assume I can ask for one? What if I am right? I can provide a bank statement showing my pitiful balance on the date of the creditors meeting.

    I dont want to rock the boat as i did this pro se and didnt flub one thing thanks to all your folks, hate to lose $700 for nothing especially cause we just found out we are expecting a baby now, but dont want to put anything in jeopardy of this thing closing in early January.


    DZ
    Filed PRO SE 10/12/10......341 held 11/8/10......awaiting discharge.....

    #2
    The trustee has no duty to protect your interests.

    Well, it does sound like you flubbed this aspect.

    No way to really coach you through this one, the situation is too fact specific. All you can do is fight the trustee. Amend your petition and when the trustee asks for the money, request another hearing.

    Hate to point out, but this is another example of why you should hire an attorney. You are just lucky that your loss is still less than the cost it would have been to hire an attorney (for many pro se filers, there BK ends up costing them more in lost assets than it would have had they hired an attorney in the first place).

    Comment


      #3
      OUCH! LOL That hurt! .....guess I deserved that.

      .....but unless the attorney did business with THIS trustee before, as it was HIS form, they may not have known to coach me on what to put on this unofficial form that was to be filled out by the DEBTOR. It looked like it had been typed by a typewriter, old school.

      I still stay with the idea that me doing this myself REALLY helped me see my past, and to know how to fix things in the future so this never happens again. I would never have learned that lesson dropping off documents to an attorney from a "to do" list of things he wanted me to collect.

      Besides, in a sick sick way it was actually fun!

      I dont expect him to protect me at all, I just expect honesty (unless I am wrong here and he is right, then I digress)

      I am willing to pay my share of what's expected of me and am not looking for a loop hole of any kind, just fairness.

      ps........if I decide to pursue this.......Can I just ask the trustee for a copy of his information sheet or do I have to request it from the court?
      Filed PRO SE 10/12/10......341 held 11/8/10......awaiting discharge.....

      Comment


        #4
        OK, did some digging, so I read that accrued vacation pay is disposable income, and so 25% of my total accrual will have to go back to them! Of course I had 60 hours at the time of the creditors meeting, didnt know to spend it LOL

        I still think he saw he just wrote down my $1k that i had on my sheet as earned wages, and turned it into an order.

        When he got the notice he went back and saw I missed counting vacation pay and so he did the math, subtracted the health insurance i couldnt claim he said, then changed my $14 in the bank to $218 to make up a bit of the difference.

        Oh well.

        I am gonna amend schedule C to include wages and vacation so it's all tidy and right. Spend $18 to file the amendment, spent $18 to file the appeal but all in all, still saving $12.

        woohooooooooooooooo, hahahahahaha


        So note to all filers, take your vacation days BEFORE you file if you can, to save your cash!


        DZ
        Filed PRO SE 10/12/10......341 held 11/8/10......awaiting discharge.....

        Comment


          #5
          this unofficial form that was to be filled out by the DEBTOR. It looked like it had been typed by a typewriter, old school. Same thing happened to us, fill out a form while waiting for the 341. We even wrote his office asking if there was anything to fill out ahead of time..no answer.

          Sorry for all your troubles, thanks for posting the 'public service announcement' about vacation days!

          Tom in Colo
          Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

          Comment


            #6
            I'm with Tom. Sorry for what happened, but thanks for posting. Others will definitely benefit by this heads-up on accrued vacation pay.
            There are two secrets for success in life:
            1.) Never tell everything you know.

            Comment


              #7
              So let me get this straight. If I start next year with "x" number of days of paid vacation to use, that is considered earned yet unpaid wages?

              In my state, the statute reads, "Earned but unpaid wages received 60 days before filing for bankruptcy, to the extent they are needed for support" are exempt. Does that mean that if I receive my vacation days, for the year on January 1st and I file within 60 days after Jan 1st, I can exempt those wages?

              Comment


                #8
                I'm gonna throw a thought into the pot here.

                OK..lets say on Jan 1st someone has 2 months of vacation pay coming to them for that yr. (wouldn't that be nice) And on Dec 1st they had only taken 1 month of that vac pay and they were going to be forced to work EVERY day in Dec and the co. policy was if you don't take the days you lose them. AND they filed on dec 1st. Would that be considered accrued wages not paid BUT they were really never going to get those wages!!!

                Sorry...just things that pop into my head in the middle of the night. LOL

                Not something affecting me but a situation that might come up for someone.
                filed: 8/10 ...341:10/8/10 ... Discharged & Close: 12/9/10
                "Nothing is easy to the unwilling" Thomas Fuller

                Comment


                  #9
                  oregon, you need some sleep! lol, just kidding. I would think that in that case, it's beyond the debtor's control. They must work, the company policy is no time off in December, and they will have to forfeit that month of vacation. In essence, if they haven't taken the vacation by November 30, it's forfeited, so never would have been paid. That being said, this is bankruptcy we're talking about, so I would never say never. I've learned that even though we might think something seems logical, there is a case out there somewhere that's just waiting to prove us wrong.
                  Filed pro se, made it through the 341, discharged, Closed!!!

                  Comment


                    #10
                    How does the trustee know that you have vacation days unless you listed them? Also, what if you don’t have to sell back your time and intend on using it - how can the trustee take time from you?

                    Comment


                      #11
                      Originally posted by angles View Post
                      How does the trustee know that you have vacation days unless you listed them? Also, what if you don’t have to sell back your time and intend on using it - how can the trustee take time from you?
                      He/She probably sees this info on pay stubs. Many pay stubs list Vacation Time Earned/Used.
                      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                      Not an attorney - just an opinionated woman.

                      Comment

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