secured chapter 13 payments

[GIVFOUR]

hello, i was just confirmed on my chapter 13 plan but i am also behind on my direct payment to secured creditors. what can be done to save my chapter 13 plan or am i doomed. i ask my lawyer to amend my plan and he said that we could but the trustee will raise a red flag about my being behind when i was confirmed. will the trustee dismiss my case or will he give me another chance to make my plan work. at this time my creditors have not filed any thing on me but i fear that it is coming soon. i have to sit down with my lawyer next week and talk about it. please give me some advise or what do ya think will happen to my case.

[Nicollette]

What type of secured payments are you behind on? Also, are you supposed to make the payments to the secured creditors, or is the Trustee doing that for you? Or, are you meaning that you are behind on payments to the Trustee?

[GIVFOUR]

i am behind on my mortgage payment that i make direct to the mortgage company and the car payment. i had a decrease in hours from work and things got worse. i am starting to get my hours back but i am behind on direct payments and dont see a way to get those caught up. i am up to date on the payment to the trustee. i really want to keep my home and am worried that they will dismiss my plan for failure to pay up to date on direct payment to creditors

[Flamingo]

Why on earth did you not contact your attorney when your hours dropped and you could not make your mortgage payments. Anytime after you file a Chapter 13 if you cannot make a plan payment, mortgage payment or another secured payment that you are paying outside of the Plan, contact your attorney immediately. Your Plan apparently was confirmed while you were behind. It's no one's fault but your own for not speaking up. Work with your attorney who will advise you accordingly - I see you state you are meeting with him shortly. If you get out of this and can get things readjusted, if you run into any similar problems during your plan call your attorney.

[justbroke]

This is the part about Chapter 13s, and the whole Bankruptcy process, that isn't very human.

Bankruptcy is a technical procedure. If you are behind on payments... the Trustee will motion to dismiss your case for failure to make payments (period). They have no choice.

This is why Flamingo posts that you need to immediately speak up, so that some correction can be done.

BTW, I can't believe they confirmed a plan when you were already behind!

[GIVFOUR]

I know that i should have spoke up about being behind but i was hoping to get the payments in but that plan fell apart. What do you all think is my options at this point and can my plan be saved in some way? Please help

[Flamingo]

I know that i should have spoke up about being behind but i was hoping to get the payments in but that plan fell apart. What do you all think is my options at this point and can my plan be saved in some way? Please help

The only person that can help you right now is your attorney. I see you have an appointment with him this week. Be sure to further educate yourself how a Chapter 13 works and your responsibilities during the Plan. Ask your attorney, if he did not provide it to you when you retained him, if he has an instruction brochure for his Chapter 13 filers. Also, pull out your Plan and Court documents from your confirmation and review the paperwork. When there is a change of anything financial while you are in a Chapter 13 Plan that you cannot make any payment that could jeopardize your Plan, always contact your attorney immediately for further instructions. Don't guess and assume.