First Payment Late:unsure:

[michele71]

OK so I was supposed to have paid my first payment to trustee on 12/25. I asked the lawyer and they said if you pay on the first it shouldnt be an issue. Does anyone have anything to say on this. Will i be ok if i pay on the first of every month? Thats when I get enough money to pay the 1800 payment. Otherwise I would only have about 40 bucks to last 2 weeks. Any input would be appreciated. Also how long after they payment arrives in Memphis does it post to our account for disbursement??? Thanks ya'll

[lrprn]

OK so I was supposed to have paid my first payment to trustee on 12/25. I asked the lawyer and they said if you pay on the first it shouldnt be an issue. Does anyone have anything to say on this. Will i be ok if i pay on the first of every month? Thats when I get enough money to pay the 1800 payment. Otherwise I would only have about 40 bucks to last 2 weeks. Any input would be appreciated. Also how long after they payment arrives in Memphis does it post to our account for disbursement??? Thanks ya'll

Let's hope that your lawyer is right and your trustee is one of the understanding ones. Did you let your lawyer know the payment would be late so he/she could tell the trustee?

I don't want to scare you, but some trustees have filed for dismissal if the first Ch 13 payment didn't arrive on time. Did you check PACER to see if anything has been filed this week?

Of course, your lawyer knows your trustee and his/her customs best. However, I hope your lawyer informed your trustee that this first payment is going to arrive late. Just send it as soon as you possibly can, preferably in some trackable way so you can be sure it arrives safely.

And you can't just change the date your Ch 13 payment is due because you want to. If having sufficient money to pay your Ch 13 payment by the 25th of the month is going to be a repeating problem for you, then ask your lawyer to see if the trustee is willing to change your payment date to the 1st. But until that happens, you need to figure out a way to make your payment by the 25th each month.

Keep us posted on how making this first payment late works out, ok?

[justbroke]

You can't arbitrarily change your payment date. Some Trustees don't like this at all, and you are bound to pay on the payment date. The reason is, they disburse checks at the end of the month, and your paying the first, will make a lot of creditors unhappy... and the Trustee too.

I actually just got into it with my Trustee's assistant because she keeps telling me my payment date is the 14th and I'm behind. I kept telling her that my Order says that it's the 28th.

If you are late paying once or maybe even two or three times (paying the first and not the 24th), the Trustee will eventually file a motion to dismiss.

[Flamingo]

Your first payment is due 30 days after the date of filing. That payment should not be late under any circumstances - I would get something in writing from your attorney that he said it was OK in case something comes out of this. I would make all future payments on the 25th of each month unless you are instructed otherwise by your attorney or trustee. Your attorney probably thought that due to the holidays your late payment this time might not be an issue. However, you don't want to fool around with your Plan payments so you will have to adjust your budget accordingly to meet certain requirements. We all had/have to do it when in Chapter 13.

[Flamingo]

Also how long after they payment arrives in Memphis does it post to our account for disbursement??? Thanks ya'll

Are you paying via Money Order, Certified Check or otherwise? When any form of payment is received by the Trustee's office/staff (ours when to Memphis, TN also), it is date stamped and deposited and held in your account maintained by the Trustee to be disbursed to the creditors after your Plan confirmation and then disbursements are sent out monthly thereafter to your creditors. The first payments sent out are usually large as it encompasses your first two or three payments that take place prior to your Confirmation. All this is electronic so as soon as the payment is received it is posted to your account and will show there on the date received.

[michele71]

So I spoke with my attorney and was told that there is no problem with how I am paying and the trustee would not file a motion to dismiss because of the payment date. The payment date was discussed with the lawyer the day I filed. I am not sure about what you all have been told but the only way a motion to dismiss would ever be filed is if you fail to make payments at least according to the lawyer..perhaps this is just something that my trustee doesn't have a problem with. I checked pacer and there is nothing in there new. My 341 is on the 14th so I am sure if there is a problem I will hear about it then. I will keep you all posted. I sent the payment overnight mail via cashiers check it arrived on the 2nd but I dont see it in the NDC website yet.

[justbroke]

I am not sure about what you all have been told but the only way a motion to dismiss would ever be filed is if you fail to make payments at least according to the lawyer..perhaps this is just something that my trustee doesn't have a problem with.

You have a good Trustee. Many of them will dismiss if you're one day late.

[DebtSlave]

In the future allow 10 days for the Trustee to receive your payment.
Mine was due on the 15th of each month and I noticed on my Trustee's website that it took anywhere from 8-11 days for them to receive and post it.
I was told NOT to do anything other than regular mail because the envelope was to be delivered to a PO Box.
Good luck to you!

[michele71]

I called the bank today to see if the cashiers check had been cashed and in fact it was on yesterday. So the NDC website is current as of the 4th so we will see how long it takes to post.

[michele71]

Ok so emaled the trustee about payment and they recieved it and in fact the lawyer had already notified the trustee at the time of filing that instead of making 2 payments monthly that I would send one full payment on the first. So even though my first payment was due on the 25th only half was due then and the other half was due on the 5th of the month so i am actually right on time with it.

[Introuble2008]

Good deal. When we met with trustee, I mentioned we'd need $25.00 more. He asked why and I said that in order to get the cashier's check to him by the 13th, since we get paid on the 7th, I'd have to send it priority first class - $25.00 cost! He asked WHY???? why send it that way. I explained that the attorney (with him sitting next to me) stated repreatedly that if we weren't on time, that he'd come down on us and we'd be in big trouble. The trustee actually gave the attorney a bad time.....saying to us that if it was in by 30 days from due date, he was okay with it. And he made notes on the file.... LOL lawyer was a little upset with me. BUT, I'd been telling him from the beginning when our paycheck arrives....and when we could make payments....dumb lawyer.

[NowImDownInIt]

Good deal. When we met with trustee, I mentioned we'd need $25.00 more. He asked why and I said that in order to get the cashier's check to him by the 13th, since we get paid on the 7th, I'd have to send it priority first class - $25.00 cost! He asked WHY???? why send it that way. I explained that the attorney (with him sitting next to me) stated repreatedly that if we weren't on time, that he'd come down on us and we'd be in big trouble. The trustee actually gave the attorney a bad time.....saying to us that if it was in by 30 days from due date, he was okay with it. And he made notes on the file.... LOL lawyer was a little upset with me. BUT, I'd been telling him from the beginning when our paycheck arrives....and when we could make payments....dumb lawyer.

Sounds like you have a good trustee... Not like that with everyone. My trustee is pretty decent too, but there are some major asses out there.

<-- That was pretty random, huh?

[Introuble2008]

NowImDowninit -- yes, I've come to that conclusion, too. Isn't it too bad they kick people when they're down? I understand there are people that take advantage but I'm sure there are a lotta people like me that are hurting because of things we had no control over (retirement fund getting stolen!!). I've spent all my life paying off bills even in the worst of times for me.....but this time, it was impossible. Thank goodness my trustee is a nice guy!