When payments are due?

[addision]

I know that the plan payment to the trustee is payable on or before the 341. But when do payment to secured creditors have to be paid?

For example, if a secured debt payment is due on April 1 and I file on April 18th, do I need to pay the April 1 payment or just wait until the May 1 payment?

[justbroke]

This all depends on your District. IN many Districts, all payments to secured creditors go through the Trustee. So you wouldn't, for example, pay the secured creditor the April 1 payment, you'd pay the Trustee. This is how it works in Florida and many other Districts.

If your plan has you paying "outside the plan" for your secured creditors, then you would need to pay the April 1st payment on time. If you're trying to "skip" a payment, this is doable too. Just pay the pre-petition arrears (one month) in your plan over the plan's life.

Do you have an attorney? Perhaps s/he can answer this specific question because it does have differences based on where you live. And, it does get complex with things like adequate protection and pre-confirmation payments, etc.

[BKchapter13]

If you under a chapter 13 then you have to start payment to the trustee as soon as you file. any delinquiet payments can land you in a dismissal of your case. Read your hand book they gave to you. good luck

[justbroke]

What both of you have written is specific to a particular District and the practices in that District. In my Florida District, payments under the plan are not due until 30 days after you filed your Plan. That means, you could (and I did) have your first payment due, 45 days after filing.

In other Districts you may be required to make your first payment at your 341 meeting and to the Trustee. In my District, they tell you NOT to bring any payment to the 341 Meeting. My first payment was due after my 341 meeting.

[addision]

Haven't filed yet.

I know I can pay the arrears over the payment plan (in my district the secured can be paid outside of plan).

But when is it considered in arrears, is it anytime after the due date?

I haven't retained an attorney yet and I forgot to ask this question when I did meet with one.

[justbroke]

I know I can pay the arrears over the payment plan (in my district the secured can be paid outside of plan).

But when is it considered in arrears, is it anytime after the due date?

Two answers on this.

First, some Districts require that you pay the secured debts in plan if they have arrears. This is to protect the debtor. So, if you're in a District that "automatically" supports payments of secured debt outside the plan -- without motion -- then that's cool. However, the whole arrears thing may change that.

Second, you are in arrears if you pay after the due date. It need not be "30" days late. It only needs to be late.

[BKchapter13]

I know about michigan bankruptcy sorry bout that.

[justbroke]

I know about michigan bankruptcy sorry bout that.

It's okay to talk about Michigan, so don't get me wrong. Just preface it with "in Michigan" or mention Michigan somewhere. it helps the Michiganders if you do so. It hurts us folk from Florida, when you don't.