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.
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