Filed today, but have a question

[helpsoneeded]

We mailed out all signed forms today. They should get it tomorrow. When should we expect to have them start deducting payments out of my husbands check?

[AngelinaCatHub]

You have to give a bit of info. What are you talking about? Be more spacific. 'Hub

[helpsoneeded]

Sorry, we are filing for a chapter 13. We just signed all of the forms to make it official. I had to mail them out instead of going in person because the lawyer we went to is kind of far from us. Now I am just waiting to hear when are 341 will be. I heard once you file, you have to start paying the trustee, so curious how soon that will be from the time the lawyer gets the official paperwork?

[BankruptinNC]

First of all, your ch. 13 hasn't officially been "filed" until the bankruptcy court (not the lawyer) receives your paperwork. So, that will be the official start date of the whole bankruptcy process. The 341 creditor meeting is usually held in 4-6 weeks after the filing date, depending on your local court's calendar. You must start making payments to the trustee within 30 days from the date your case was filed, and every 30 days thereafter; again, this would be based on the date the court actually receives your paperwork. By the way, this is also the date that the automatic stay goes into effect. Hope this helps, and good luck!

[lrprn]

You must start making payments to the trustee within 30 days from the date your case was filed, and every 30 days thereafter...

BKinNC is right. And just because your first payment is supposed to be taken out of your husband's check doesn't mean it can get through his HR/Payroll internal processes in time to make your first payment automatically within 30 days.

If his payroll folks can't get the payment in place in time (some companies do take more than a month to get this in place), then you must make the payment yourselves within 30 days of filing. Ch 13 cases have been dismissed because the filers didn't understand this.

Also, you mentioned mailing your signed forms in today to "them". You meant that you mailed the forms directly to your lawyer, right?

[EricaCallaha]

This also is dependent on where you file. In Utah they want your payment at the 341 meeting. They do not want it before that. Then the month following by the date that you filed. Ex: We filed 12/24/08, had our 341 on 2/5/09 and now the payments are due by the 24th of every month.

[helpsoneeded]

Thanks everyone and yes, I mailed them to the lawyers office.

[MommyMc]

We filed December 16th. I had to have the first payment to the trustee's office by January 16th. We had to do a cashiers check because it wasn't being taken out of my husbands payroll yet. It didn't get taken out until his Feb 13th paycheck. We got a letter from his payroll department in early February saying they had gotten the paperwork for the payroll deduction. So it does take a while for the payroll department to get into the loop. Before it started coming out of his pay we just set aside the amount scheduled to be taken out then mailed in cashiers checks when the time came. Now they are coming out of his paycheck and life is easier.

[BigJohn]

Our first payment was due not one month after filing but one month after our plan was sent in. I guess filing and having a plan are presented at the same time but in our case they weren't.