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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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i filed chapter 13 and missed my 1st payment in november because I sent them a person

Resolved Question:

i filed chapter 13 and missed my 1st payment in november because I sent them a personal check and my trustee wanted to dismiss my plan so I agreed to make 2 payments in december but I sent those thru my banks bill pay system and they got sent back. Will my case be dismissed now?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.

Hi JACustomer,

Why was the payment that was submitted through the bill-pay system sent back?

Customer: replied 6 years ago.
The Trustee said they do not accept payments through bill pay systems. I sent it this way because I thought it was faster and my bank said it was a certified check so I thought that would work.
Expert:  cfortunato replied 6 years ago.

Whether or not the case will be dismissed is up to the trustee. If you can convince him that you do have the money, and you did not know that paying with a bill-pay system was not allowed, there is a good possibility the case will not be dismissed.

However, to convince him that you do have the money, you should get the money to him as soon as possible (perhaps you can bring it to his office). And it will definitely help if you include the January payment.



Edited by cfortunato on 1/1/2011 at 4:33 PM EST
Customer: replied 6 years ago.
what will happen if they dismiss my case? Will I be sued by all of my creditors?
Expert:  cfortunato replied 6 years ago.
If the case is dismissed, the creditors can start suing you. Whether or not they will, though, depends on the particular creditor. Some creditors sue debtors, some just write off the debt, and some sell the debt to collection agencies.

Edited by cfortunato on 1/1/2011 at 4:44 PM EST
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