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Payoff car before filing, or not.How many days before first ch. 13 payment due.

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    Payoff car before filing, or not.How many days before first ch. 13 payment due.

    I am going to file chapter 13 in one week. I talked with my attorney a few weeks ago, and informed him that I had a vehicle that had a payoff of 600.00, he said he would just stop paying it, and include it in the plan.I checked the payoff today, and it's 435.00.My question is , should I go ahead and pay it off.I really don't have the extra 435.00 to pay it off, but I didn't know if it would save a headache of waiting 3 years to get the title to the car, if I included it in the plan.The attorney said if I didn't pay it, it wouldn't make alot of difference in my chapter payment plan anyway(980.00/Mo).If I pay it off, does creditors get the difference in the money with the car paid off?Also, When I file, how many days do they give you to make the first chapter 13 payment?

    #2
    I couldn't get a straight answer about when my first plan payment was due. I filed 12/4 and one person at the Trustee's office told me 12/28, (due to 21 days@ 12/25 being the holiday) another told me 1/3 (which was a Sunday). I paid it on 12/22 just to be safe.

    Maybe you can just keep the pay off for the car outside of the plan.

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      #3
      We filed 2/28 and our first plan payment was due on 3/25 and the 25th of each month thereafter...I've heard at least one person say they had their first payment due 10 days after filing!
      Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
      0% payback to unsecured creditors, 56 payments down, 4 to go....

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        #4
        My attorney told me that my first payment is due 10 days from the day I file. I have to mail the payment to Memphis TN and I'm in Ohio, near Cleveland...so maybe that's why they want it mailed within 10 days.
        The federal bankruptcy site even says 30 days within filing is when the first payment is due. So I'm wondering if I ought to call the lawyer's office on Tuesday to explain my situation. I could really use the money if it truly isn't due until 30 days post filing.
        Last edited by KAKRN97; 05-29-2010, 09:46 AM.
        Filed CH 13 5/28/10
        341 Hearing 6/23/10 & 8/23/10/Confirmed 9/21/2010 36 months
        DISCHARGED 9/12/13

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          #5
          Originally posted by KAKRN97 View Post
          My attorney told me that my first payment is due 10 days from the day I file. I have to mail the payment to Memphis TN and I'm in Ohio, near Cleveland...so maybe that's why they want it mailed within 10 days.
          The federal bankruptcy site even says 30 days within filing is when the first payment is due. So I'm wondering if I ought to call the lawyer's office on Tuesday to explain my situation. I could really use the money if it truly isn't due until 30 days post filing.
          My attorney in Ohio told me this too, 10 days. But - I asked the Trustee and he said 30 days. I ended up running about 3 weeks ahead on the payments, so I waited about 45 days before sending another just because I could.
          19% dividend

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            #6
            In Indiana, our payment also goes to TN; 1st payment for us was due w/i 30 days of filing w/ warning to allow for mail delivery.
            Indiana Filed March 9, 2010;
            341- April 28, 2010;
            Confirmed May 25, 2010;
            $1,240 a month; 4 down & 56 to go

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