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Called my trustee's office for only the 3rd time

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    Called my trustee's office for only the 3rd time

    My payments have been posting like this: On Tuesday or Wednsday of my payweek, the payment from the previous payday will usually post. Then I get paid again on Thursday and it posts in 2 weeks, when I get paid again. So at any given time I have one payment that hasn't shown up yet.
    I got paid last week, and the previous payment has still not been posted. Now I am due for paycheck again next Thursday, and have 2 payments floating between work and the trustee somewhere in the universe. Finally yesterday I called the trustee( for only the third time ever since we have been in BK) to see if the ovedue payment might be there and just not showing up yet. Was told it hadn't arrived unless it came in yesterday. So I called up payroll. Seems the person who signs the approval for them to send a check to the trustee was gone to a big meeting about our recently being bought out, and everyone else that had the authority to authorize the check was also gone that week . So now, payment will be coming out of my account Today, and it will only be for half the amount it is supposed to be. Of course, the payments will catch up next month, but I so aggravated and ready for this to be OVER that I am unable to think about anything else right now. I obsess over this and am anxiously counting the days until December, which is when the payroll deductions end( i hope).
    Chapter 13 filed -8/12/04
    Plan approved- 7/11/05
    Date discharged--10-12-2007
    Date closed- 12/6/2007:yes2::yes2:

    #2
    I feel your obsession Arkie. Ours always post at least one week later.
    Finished paying all creditors that filed a claim on June 1. They have been taking the money out since. Called the trustees office yesterday and was told they would try to do final audit before the end of the day.
    That really got me excited, and I checked pacer several times to see if anything showed up.
    To my so very happy surprise it showed that a "release of wages" had been entered.
    Yea , don't know how long it will take before employer will stop this , but there is an end in site for us.
    Big plus since June we have overpaid $4000.00 to trustee and my auditor said we should get a refund check by next week, and should receive discharge sometime this month.

    Pacer and my mailbox will be my best friend until it all ends.
    Just hang in there.
    5/17/2006 Filed Chapter 13
    6/14/2006 341 meeting
    7/10/2006 Plan Confirmed
    9/12/2007 DISCHARGED,10/15/2007 CLOSED

    Comment


      #3
      Originally posted by gamom02 View Post
      Big plus since June we have overpaid $4000.00 to trustee and my auditor said we should get a refund check by next week, and should receive discharge sometime this month.

      Pacer and my mailbox will be my best friend until it all ends.
      Just hang in there.
      That is just awesome. I am so glad you were able to stick it out. If you are like us, you can really use that $$ to fix all the broken things that you have taped and ruber banded together. ( my dryer is stuck in the on position, and cannot be left unattended, and I have to run hot water into my washer with a waterhose connected to the sink next to it- can you say Arkansas Redneck? )

      My plan base amount has been paid in full now(well, when the last 2 payments hit). But it still shows that I owe the unsecured creditors around $3900, after these payments are taken into account. I am in a 100% payback , but I don't understand why they didn't update my plan base when all of the claims came in to reflect this additional $3900. Of course the optimist in me hopes that I actually don't have to pay it, but the pessimist in me knows that in truth, I actually do have to pay this amount. No matter what, January will be a really fine month for us, especially if they get the withholding stopped.
      Chapter 13 filed -8/12/04
      Plan approved- 7/11/05
      Date discharged--10-12-2007
      Date closed- 12/6/2007:yes2::yes2:

      Comment


        #4
        Originally posted by arkienurse View Post
        So I called up payroll. Seems the person who signs the approval for them to send a check to the trustee was gone to a big meeting about our recently being bought out, and everyone else that had the authority to authorize the check was also gone that week .
        Good heavens, Arkie! What is it about how hospitals set up signing authority that this kind of stuff happens??? How frustrating that you had to call your trustee to find out the scoop! Glad the problem will be solved in a few weeks.

        I feel your pain about the barely working appliances thing. Hubby has already repaired our dishwasher and our dryer once each and we're only 15 months into our 60 month plan....gulp! So glad you only have six months at the most to go!
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          Sad to say most of the refund is called for
          1. Property tax bill came(due November)
          2. Car tag bills( due Oct.)
          3. new tires for my van (a must have)
          No fun or extravagant buys, just want to be able to breath a little easier.
          I'll put the rest back for christmas
          Glad we have it to cover us.

          I check Pacer every day to. I know I shouldn't but I can't stop myself.
          Thanks for the support.
          5/17/2006 Filed Chapter 13
          6/14/2006 341 meeting
          7/10/2006 Plan Confirmed
          9/12/2007 DISCHARGED,10/15/2007 CLOSED

          Comment


            #6
            What exactly do you see on PACER. I signed up and received password in the mail but since we haven't filed yet there is "no person found" when I put my info in. Also... I forgot to ask my att. this......... I get paid every other Friday. He told me my payment to the trustee will be due the 13th of every month and it will be payroll deducted. Some months my first pay check of the month dosen't come untill the 12th, 13th and I even seen the 14th like in December. I'm so confused on how this will work.

            Comment


              #7
              Pacer will show all of you bankruptcy info that has been filed with the courts.
              Your employer will send the payments to the trustee office, but we were advised by our attn. to look at the pay stub and make sure the amount is being taken out as the court ordered.
              5/17/2006 Filed Chapter 13
              6/14/2006 341 meeting
              7/10/2006 Plan Confirmed
              9/12/2007 DISCHARGED,10/15/2007 CLOSED

              Comment


                #8
                Originally posted by gamom02 View Post
                Your employer will send the payments to the trustee office
                Thank you!
                But if the money is coming out of, say, my first paycheck then the trustee might not get it until after the due date.

                Comment


                  #9
                  Originally posted by doglover View Post
                  But if the money is coming out of, say, my first paycheck then the trustee might not get it until after the due date.
                  This is why you MUST save enough from not paying your unsecureds or be able to borrow enough from family or friends to pay the first Ch 13 payment yourself within 30 days of filing in case your payroll department can't get the auto-payment request turned around in time. Otherwise your case could be dismissed.

                  This has actually happened to Ch 13 filers who didn't understand the importance of making their first payment within 30 days of filing, and it can be mess to fix.
                  Last edited by lrprn; 09-01-2007, 04:59 PM.
                  I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                  06/01/06 - Filed Ch 13
                  06/28/06 - 341 Meeting
                  07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                  10/05/06 - Hearing to resolve 2 trustee objections
                  01/24/07 - Judge dismisses mortgage company objection
                  09/27/07 - Confirmed at last!
                  06/10/11 - Trustee confirms all payments made
                  08/10/11 - DISCHARGED !

                  10/02/11 - CASE CLOSED
                  Countdown: 60 months paid, 0 months to go

                  Comment


                    #10
                    Originally posted by lrprn View Post
                    This is why you MUST save enough from not paying your unsecureds or be able to borrow enough from family or friends to pay the first Ch 13 payment yourself within 30 days of filing in case your payroll department can't get the auto-payment request turned around in time. Otherwise your case could be dismissed.

                    This has actually happened to Ch 13 filers who didn't understand the importance of making their first payment within 30 days of filing, and it can be mess to fix.

                    I second this. They didn't start the deduction out of my paycheck when they were supposed to. I called lawyer and was told to get my tail to the post office and get a money order in the mail immediately. When we went to our 341 meeting, we ended up being next to last. Since our appointment was scheduled for 9 am and we got there 30 minutes early we had seen a lot of people go before us. I vividly remember the one lady. They didn't start her deductions out of her paycheck, and she didn't send in payment on her own. The trustee asked her how he could expect her to be able to make the payments when she hadn't even made the first one yet, and dismissed her case.
                    So be sure and ask you lawyer about this if there is any doubts.
                    Chapter 13 filed -8/12/04
                    Plan approved- 7/11/05
                    Date discharged--10-12-2007
                    Date closed- 12/6/2007:yes2::yes2:

                    Comment


                      #11
                      Does your district require you to make payments via payroll deduction only? I would ask my attorney to ask the trustee if you can direct pay them. You can easily prove the "hassle" that is going on with your employeer and you would definatly sleep better at night if you just wrote that check once a week and sent it in.
                      Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
                      Plan Confirmation 6/16/06 :yahoo:
                      Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

                      Comment


                        #12
                        Originally posted by doglover View Post
                        Thank you!
                        But if the money is coming out of, say, my first paycheck then the trustee might not get it until after the due date.
                        Make sure you take your paystub with you to the 341 showing the deduction has been taken out in case it hasn't posted with the trustee. My understanding is trustees are a little more patient with those that have it taken from there checks and sent by the employeer, I wouldn't want to go to a 341 meeting without having the first payment posted.
                        Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
                        Plan Confirmation 6/16/06 :yahoo:
                        Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

                        Comment


                          #13
                          Yeah my attorney told me that we HAVE to make the 1st payment ourselves and then the rest payrol but I'm going to bring that up about payroll deductions, seems like it could turn into a mess. As soon as I find ouy how much my pament will be I'm sendning it to the trustee.

                          Comment


                            #14
                            update!!!!!!

                            Well, turns out my payment did post in time to make the full payment on the first. And as an added bonus, my other payment that was floating around on someone's desk and in the mail made it in in time to finish out the 12 cents left in my plan base.

                            And guess what? The extra over my base amount was left in the account untouched. They really only took the 12 cents needed to finish funding the plan. The trustee got an extra penny this month.
                            Dare I hope that I am actually done? Hope I get off in time to call my trustee's office tomorrow, and find out for sure.
                            Chapter 13 filed -8/12/04
                            Plan approved- 7/11/05
                            Date discharged--10-12-2007
                            Date closed- 12/6/2007:yes2::yes2:

                            Comment


                              #15
                              Originally posted by arkienurse View Post
                              Dare I hope that I am actually done? Hope I get off in time to call my trustee's office tomorrow, and find out for sure.
                              Arkie, we are all rooting for you to get good news! Keep us posted - here's hoping you get the news every 13ers dreams of.....YOU'RE DONE!
                              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                              06/01/06 - Filed Ch 13
                              06/28/06 - 341 Meeting
                              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                              10/05/06 - Hearing to resolve 2 trustee objections
                              01/24/07 - Judge dismisses mortgage company objection
                              09/27/07 - Confirmed at last!
                              06/10/11 - Trustee confirms all payments made
                              08/10/11 - DISCHARGED !

                              10/02/11 - CASE CLOSED
                              Countdown: 60 months paid, 0 months to go

                              Comment

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