Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law
This answer was rated:

hello, i need to ask about my bankruptcty im in. ch 13.

hello, i need to ask about...
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?
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 16 minutes by:
7/5/2012
TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12,558
Experience: JD, MBA
Verified
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.
Ask Your Own Bankruptcy Law Question
Customer reply replied 5 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.

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.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12,558
Experience: JD, MBA
Verified
TJ, Esq. and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12,558
12,558 Satisfied Customers
Experience: JD, MBA

TJ, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
Law Educator I am attaching my rough draft to the trustee
Law Educator I am attaching my rough draft to the trustee -please advise in your professional opinion if there is something that needs to be deleted or added. Also, I am attaching the minute entry to … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If the trustee rules that the person filing for bankruptcy
If the trustee rules that the person filing for bankruptcy has an equitable interest in real estate, can that ruling interfere with his exemption. Or is he allowed then to file for his right of redemp… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
I live in NC and I opened a company to work on a project
I live in NC and I opened a company to work on a project with my brother for a company he has done work for in the past, located in Virginia. We completed the first project which was for servicing doo… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
I live in Texas and am in the second year of my CH 13
I live in Texas and am in the second year of my CH 13 bankruptcy. I remarried after my filing and my wife is the sole owner of our home (She had it before we were married and it is mortgage-free). She… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
If you have a trial scheduled and the US Trustees Office is
If you have a trial scheduled and the US Trustees Office is trying to get your case dismissed and you have been dealing with your attorney who has been doing things that will get him disbarred, how do… read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
I am filing chapter 13 and have a car loan for $10,750 with
I am filing chapter 13 and have a car loan for $10,750 with the Credit Union There was no title so no lien card as the car was 1956 I had an emergent need to pay a medical bill and to spent the $11,00… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
I am considering filing for bankruptcy as a result of my
I am considering filing for bankruptcy as a result of my ex-landlord suing me for the remaining rent on a commercial lease for a store that I vacated a few months ago. The amount of rent owed from tim… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My chapter 13 was closed October 2016. Last week I received
My chapter 13 was closed October 2016. Last week I received a letter from EDD & IRS creditor claiming unpaid interest on unsecured debt I paid off in my chapter 13 repayment plan. Does my trustee and … read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
Panicking because our bankruptcy attorney has screwed up,
Panicking because our bankruptcy attorney has screwed up … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am into month 58 of a 60 month chapter 13 and have been
I am into month 58 of a 60 month chapter 13 and have been given a cd for $35000, it was a gift from a dear friend who recently passed away, can I keep it. ? … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
I have hard evidence that the Trustee and Trustee atty were
Hello - I have hard evidence that the Trustee and Trustee atty were negligent, breached their fiduciary duties and allowed my federal case of fraud in the inducement run the SOL, without pursuing as t… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
The Trustee in a corporate bankruptcy case erased and/ or
The Trustee in a corporate bankruptcy case erased and/ or deleted tape recorded testimony of a key witness in a 2004 bankruptcy rule deposition. what recourse do I have being that witnesses testimony … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Second opinion] The Trustee in a corporate bankruptcy case
Second opinion] The Trustee in a corporate bankruptcy case erased and/ or deleted tape recorded testimony of a key witness in a 2004 bankruptcy rule deposition. what recourse do I have being that witn… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
My confirmation meeting is next week and th trustee wants a
my confirmation meeting is next week and th trustee wants a modified plan so i won't be confirmed, what may happen … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I received notice from the Trustee of an "Order Striking
I received notice from the Trustee of an "Order Striking Filing For Failure To Comply With Required Procedures".I believe the problem is with a creditor who had an undeliverable address, however, I ha… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
I had just filed chpt 13 met with trustee last Thursday I
I had just filed chpt 13 met with trustee last Thursday I got a surprise when I got home my son had paid off my home and car 359000 What do i do from here? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently made my last chapter 13 payment to the trustees
I recently made my last chapter 13 payment to the trustees office. I fell behind on my mortgage and have been in a trial modification. On the notice of final cure my lender stated the amount I was del… read more
socrateaser
socrateaser
1,031 satisfied customers
Does the trustee need a court order to sell a debtors
Does the trustee need a court order to sell a debtors primary residence? The equity is claimed as exempt, but the trustee believes there is more equity in the house than the debtor claimed. Reference … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x