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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9674
Experience:  Licensed to Practice Law
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hello, i need to ask about my bankruptcty im in. ch 13.

Resolved Question:

hello,
i need to ask about my bankruptcty i'm in. ch 13. i am behind on my payments
to trustee, not confirmed yet. i don't know what's taking so long for them wage assignment to happen, i filed early april. i had my 341 meeting and trustee wanted something ammended and so far ive not been told that has been fixed. so nothing has
been sent to my payroll yet i'm assuming because of that? . that's my first questions.
secondly, my payments were to start 30 days after i filed, so i filed 4-5. i thought i was
to starting taking payments out myself and sending them in AFTER 30 days, and evidently
i was mistaken and it was DUE 30 days later. so i should have been saving them the entire mo of april to pay in may. so i'm behind. my second question is will trustees allow
you to make this up and how might that be worked out?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for allowing me the opportunity to assist you.

Generally speaking, a debtor must being making payments to the trustee before confirmation even if the debtor's employer's payroll department has not set up automatic payments. Failing to do so could result in the trustee filing a motion to dismiss the bankruptcy. Even if the debtor does not know the exact amount that he should pay because the plan needs to be altered, making a payment based on the current plan shows good faith, and if an overpayment is made then the trustee will credit the debtor's account. Failing to make plan payments is risky. If the debtor falls behind, the trustee may work with the debtor if it was just a mistake and the debtor can catch up quickly. Generally speaking, a misunderstanding of the law is no defense to failing to pay (the trustee would tell the debtor that he should have consulted with an attorney if he was unclear on the law), but an honest mistake can often be rectified if the debtor can catch up within a reasonable time. It is in the trustee's best interests for the debtor's case not to be dismissed because the trustee takes a commission from every payment. But if it appears that the debtor will not be able to catch up, then the trustee may not be willing to work with the debtor. If I were in that situation, I would figure out a repayment plan and then contact the trustee to explain the misunderstanding and offer to catch up within X number of days (e.g., 30, 60, etc.). It's then up to the trustee.

If you would like any additional information or need clarification, please do not hesitate to ask!

Also, I strive to be as helpful as possible so that you are satisfied. Accordingly, please remember to give me positive feedback (doing so does not end our discussion). If you feel the need to rate me poorly, please stop and instead of rating me, reply via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue our discussion and do everything that I can to provide you with the service that you seek.

Thank you.
Customer: replied 2 years ago.

well i asked my lawyer because i was confused and the "paralegal" answers the questions and i still have the email, basically she misunderstood what i was asking and thought i knew it was to be paid, "due" 30 days later, but i was given the answer to my question as, "yes you are correct" to this. I NEED TO KNOW IF I AM UNDERSTANDING CORRECTLY THAT I NEED TO START TO TAKE OUT PAYMENTS 30 DAYS AFTER MY FILING IF THEY DON'T COME OUT ON THEIR OWN ALREADY. it was a honest mistake, and nobody said anything about me being behind until i logged on to the trustee website and it said i was delinquent. once i found that out i figured i would be dismissed and didn't wanna waste any more money being sent in figured i would be loosing it


to lawyer fees. so i got even further behind. now that i understand i want to fix it but that's alot of money to fix unless i were to give them my entire check next pay day. which i obviously can't afford. so i wondered if making up those payments would be possible in smaller amounts. or is that even heard of by a trusee to be helpful like that? i hear they are horrible to deal with.

Expert:  TJ, Esq. replied 2 years ago.
Hi again.

Q: I NEED TO KNOW IF I AM UNDERSTANDING CORRECTLY THAT I NEED TO START TO TAKE OUT PAYMENTS 30 DAYS AFTER MY FILING
A: Yes, you must make payments within 30 days after filing the plan.

Q: so i wondered if making up those payments would be possible in smaller amounts. or is that even heard of by a trusee to be helpful like that?
A: Yes, trustees can be helpful. Like I said earlier, it is their best interests for a debtor to succeed in a Chapter 13, so if it appears that you actually can make up the overdue payments, then the trustee may be willing to work with you. All you can do at this point is ask, however. Some trustees may be more understanding than others.

I hope that helps.

If you would like any additional information or need clarification, please do not hesitate to ask!

Also, I strive to be as helpful as possible so that you are satisfied. Accordingly, please remember to give me positive feedback (doing so does not end our discussion). If you feel the need to rate me poorly, please stop and instead of rating me, reply via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue our discussion and do everything that I can to provide you with the service that you seek.

Thank you.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9674
Experience: Licensed to Practice Law
TJ, Esq. and 3 other Bankruptcy Law Specialists are ready to help you

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