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behind on payments to trustee -- not my fault!

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    behind on payments to trustee -- not my fault!

    I received a call from my attorney's secretary couple of weeks ago asking how much my employer was withholding from my check every 2 weeks for bankruptcy payment ... (it shows up as "Garnishment") ... the amount has been adjusted up a few times, but faithfully since filing end of 9/09, there has been a "garnishment" held out ... currently it's $738.00 every 2 weeks. When asked if there was a problem, she replied that the trustee is saying that we are $2,500.00 BEHIND on our payments ... HOW IS THIS POSSIBLE?!! I took copies of all my pay stubs immediately to my attorney's office the next day .. and have heard NOTHING to date. I called today and was only able to leave a message .. no return call back yet. Anyone have any experience with this sort of thing?

    #2
    Go get your confirmation documents or look them up on PACER. Make certain that the payment amount is $738 every two weeks.

    If the amount is correct, demand an accounting from your employer's HR or payroll department to make certain that all the payments have been sent to your trustee every two weeks.

    Last check your trustee's deposits from your first payment on to be sure that all sent payments by your employer have been documented.

    Obviously something isn't right here. It's up to you to find out what's causing the discrepancy, to do so as quickly as possible, and (if there is a shortfall) correct it as quickly as possible.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Could be the employer didnt send the payments sounds like payroll didnt cooperate for what ever reason.
      Started in Chapt 13 Switched to Chapt 7 Discharged 2009 Dec.........Filed New Chapt 13 in 2010 to deal with new surgery bill and stripped second mortgage! The story continues

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