motion to dissmiss

[terryorr56]

Hi all my name is terry and i have been lurking for awhile. i filed chap 13 june 2008 confirmed nov 2008. 1500 monthly payments. 100% to mortgage and arrears. today i recieved a letter from my trustee to dsimiss due to failure to modify plan. i am stressed out. any help will be greatly appreciated

[AngelinaCatHub]

Need more info. Modify WHAT? If you did not modify are you represented by a lawyer? You have come this far, find out, stop worrying, you are no worse off if you did not file at all. Let us know. ‘Hub

[terryorr56]

i contacted my attorney they are looking into it, i have payroll deduction of 692 biweekly i have 26 pay periods per year plan calls for 1500 a month monthly payments have been 1384 i have 2 months out of the year with 3 paydays could that be concidered partial payments thanks

[StartingOver08]

Yes, it the plan is $1500/mth then the auto deduction needs to be $750/pay period - paid in advance (so you have the entire $1500 paid by the due date). Obviously there would need to be somesort of adjustment for the "exta" payment (you have 26 pay periods). You probably need to get with your payroll dept to straighten this out - the court is not going to 'wait' for the catch up funds.

[Nicollette]

When someone is paying biweekly, my attorney had told me that the way payroll calculates it(in my plan) is: my plan is $572 month, so payroll deducts $264 biweekly from my check. Multiply $264 by 26 pay periods, divided by 12 months, and that's how they come up with $572 monthly. So could it possibly be $692 multiplied by 26 pay periods, divided by 12 months, which totals $1499.33 monthly? Even though it's short 67 cents.

[Flamingo]

Also, it's the BK Court/Trustee who sends in the paperwork for the wage order to the employer. Who requested the amount of the bi-weekly payment? Was it the Court? To the OP - if the Court requested the Wage Order the Trustee will have to take care of modifying that with your Payroll Dept. I don't understand why the case is going to be dismissed due to failure to modify when the wage order and amount comes from the Court...is there something you are not telling us?

[justbroke]

I'm still confused. The initial post read "failure to modify plan", but we are talking about payments. Usually the Trustee would file a dismissal for failure to maintain payments, when it's a payment issue.

I would look to see what the Trustee wants. It could be that the Trustee wants more money and wants the plan modified so that you commit more money to the Plan.

That's just me.