Trustee objects to confirmation!!!!

[hopeforbetter62]

I am new first of all and I am so worried. I went to my meeting of creditors on Sept. 21 and was supposed to send in my first payment to the trustee on Sept. 30. I didn't get paid until Oct. 6 and had to pay rent with the little bit of money I had before then, so I asked my lawyer what to do. She said send what I could and then when I got paid on Oct. 6, send the rest of the first payment. Well, I thought all was well.....the SURPRISE...yesterday I get a letter from my trustee saying that my plan was NOT ready for confirmation and that a meeting will be held Oct. 17 to dismiss or convert my plan because I hadn't met all of the pre-plan payments. I already spoke with my lawyer about this and just did what she told me. My plan payments are scheduled to be payroll deducted and that isn't set to start until the end of this month! What will happen?!?!? I cannot...ABSOLUTELY CANNOT convert to a 7 or be dismissed! It has to be a 13. Please help! Can my lawyer fix this situation? What is going to happen?

[aa06a47]

The only advice I can give is to make sure your payment is up to date quick as possible, and well before October 17th. You have payroll deduction on your side for future payments, so the judge might give you a break.

Time is of the essence in getting your payments caught up.

[dscurlock]

Call your laywer to find out. The trustee expected their payment on or before sept 30, they did not get it, it sounds like they want to dismiss your case now. I do not know why an attorney would advise something other then what the trustee has already setup, although, you atty may know something different. You did know
well before hand how much your payment was going to be, your attny did all the paperwork to
get you all the figures before you actually filed.

[hopeforbetter62]

I have already sent the payment in. My plan payment is $331 per month and I sent $100 on Sept. 29...problem with my mailman (a WHOLE OTHER issue!) and it didn't get there until Friday, Oct. 5. Then yesterday I stuck the remaining $231 in the mail, so it should be there Tuesday. Another issue was an accident I had on Oct. 2nd. I nearly amputated my right big toe in an accident and had to spend $200 at the doctor. With payroll deduction in place, what do you think my chances are of my lawyer and trustee working this out?

[dscurlock]

I have already sent the payment in. My plan payment is $331 per month and I sent $100 on Sept. 29...problem with my mailman (a WHOLE OTHER issue!) and it didn't get there until Friday, Oct. 5. Then yesterday I stuck the remaining $231 in the mail, so it should be there Tuesday. Another issue was an accident I had on Oct. 2nd. I nearly amputated my right big toe in an accident and had to spend $200 at the doctor. With payroll deduction in place, what do you think my chances are of my lawyer and trustee working this out?

ouch... I do not have the exp to tell you what will
happen, but i have read enough to do what the
trustee says to do when he says to do it. the trustee is just another strict collector, he wants it on a certain date, he doesnt care about your spilt payments or the mailman, Im sure the tustee wants the full payment and when payment is due, like i said, this is something for your atty to handle.

i guess anything could happen, you might catch the judge on a bad day, and he could
dismiss the case, or your atty may can smooth things over, I just do not know.

[aa06a47]

Hopefully the trustee will accept and show the payments as caught up when received. If your attorney has a decent relationship with the trustee, I'm sure it will help you are caught up along with the payroll deduction thing.

I remember at my 341 meeting, the trustee asked one of the persons why the payment had not been made. He said that it had been mailed 3 days prior to the 341 meeting. Nothing was said at the 341 meeting about it, however I feel this person got the objection to confirmation letter soon afterwards.

[hopeforbetter62]

Here is what my lawyer said in an email on Sept. 29.

"I believe you should send Ms. ****** as much money as you can by September 30th but still allowing you to pay your rent on time. Then send her a follow up payment with the rest of the $331 as soon as you can. I will send your employer the paperwork for the wage withholding in October."

So I should be ok, right? I just did what she told me to do. I am clueless in this whole process!!!!! I'm not getting questions answered by my counsel and I'm SO clueless.

[lrprn]

Here is what my lawyer said in an email on Sept. 29.

"I believe you should send Ms. ****** as much money as you can by September 30th but still allowing you to pay your rent on time. Then send her a follow up payment with the rest of the $331 as soon as you can. I will send your employer the paperwork for the wage withholding in October."

So I should be ok, right?

Chances are you'll be ok since you've caught up your first missed payment and your lawyer isn't freaking out. However, in the future, DO NOT EVER send something as important as your trustee payment by just dropping it in a mailbox! Send it registered mail, return receipt to make absolutely certain that the payment arrives as expected or can be traced if it doesn't.

After your payroll deduction kicks in, things will settle down.

I just did what she told me to do. I am clueless in this whole process!!!!! I'm not getting questions answered by my counsel and I'm SO clueless.

It's dangerous to know so little about how Ch 13 operates. Your lawyer cannot keep track of everything for you - you need to learn what you can so you can be proactive for yourself when that's necessary.

Here's two excellent, easy-to-understand Ch 13 resources to read through to understand how your Ch 13 works and what's important to know about it:

http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter13.html

http://moranlaw.net/13workings.htm#Chapter%2013%20practice

After taking a look at these, come back with questions. Don't remain clueless and completely dependent on your lawyer....it's risky to do that in Ch 13. Ch 13 works best when it's a partnership between you and your lawyer to avoid all possible problems over the three to five years of your plan.

Welcome to our Ch 13 family! Hang out with us, keep us posted on how things are going with your case, and share your good days with us too!

[Elf]

Lesson to be learned:

Work with the trustee up front, before you're in trouble.

Surely you knew when your check would come in. Once you're late, you're late.

Let the trustee know "before" you have a mess. Many of them will work with you. If you're late, then you're repeating old habits. They don't like that.

[CindyLou]

Just curious....why are you opposed to converting to a 7? Do you have property that you would lose in a 7?

On another note....I probably would not use the mail AT ALL for payments unless completely necessary. I would have deliver that payment in the future especially now that you have had issues. The mail is so unpredictable even with overnight and express!! You just never know. Good luck with everyting.

[Granny]

Just curious....why are you opposed to converting to a 7? Do you have property that you would lose in a 7?

On another note....I probably would not use the mail AT ALL for payments unless completely necessary. I would have deliver that payment in the future especially now that you have had issues. The mail is so unpredictable even with overnight and express!! You just never know. Good luck with everyting.

I think you meant to type "Hand" deliver that payment and that's not always possible. My trustee uses a lockbox service for payments in Tenn and my trustee is in Texas.

[rrockinggramma]

return receipt is not an option for many trustees as it is a lockbox type of situation and the trustee doesn't even see the payment. If you are current by the hearing date, then you should be fine and with payroll deduction in place should be ok from here on out. I check the 13 network all the time because I have mail in my payment. No return receipt etc. I learned the hard way to go to the postoffice to send it in rather than throwing it in one of those blue boxes. No matter what the postoffice advertises they DO NOT always pick up at those blue boxes every day. I was panick stricken about a year ago when my payment did not arrive per usual and get posted. I called the trustees office. The lady who handles the payments for my case laughed at me and told me " I am more worried about those people who haven't paid in 6 months than someone who is a week late" I was absolutely terrorized that I would get instantly dismissed. I ended up stopping payment on the money order, then reissuing it. It took a month to straighten out as the original money order did finally show up. What a mess that was to stop the money order. I was lucky that I got the money order from my bank and not from WalMart or the post office. Otherwise it really would have been a mess. So lesson here, mail directly at post office and always make sure it is a money order that you can control. Good luck!

[truckerswife]

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[truckerswife]

okay, I have a couple questions. One, can you send a payment through overnight mail if it is going to a PO Box? I am in Ohio and I have to send the payment to TN. My 341 meeting is on the 18th. I would be sending to payment on the 12th. I would like for the trustee who is in Cincinnati to have it by the meeting. My attorney told me just to pay whatever I could before the meeting. I thought however that it was always due 30 after filing. Is this not true? We received the court order for payroll deductions on the 19th however DH payroll department said they never got the court order. We have to fax them a copy. Also, we received a notice from Countrywide that was a "notice of appearance" for their attorney. Does that mean that he is going to show up at the 341 meeting? Or just that they have filed their claim? Please help! oh, also the notice of appearance shows that our attorney did not get a copy. (noticed name and address was missing off of list of addresses) should i notify him of this?

[rrockinggramma]

I am in Michigan and a couple of the trustee's have their payments sent to TN as well. I was told absolutlely no overnight because no one is there to sign for it. Also that is why no return receipt requested etc. Perfers no checks (hold for 30 days) but money order, cashiers check, ok. No cash. No hand delievered payments. Generally I have found that they receive it the next day when I mail right from the post office and it posts on the 13 network the following day.