When to Mail Payment?

[minan]

So my date is 9/17/10. Also got the instructions re: mailing payments etc..with mailing labels.

If I filed on 7/30/10, does that mean my payment is due by 8/30/10 or by 9/1/10?

How far in advance should I mail the cashier's check/money order to make it by 9/1/10?

[despritfreya]

Under Section 1326, "Unless the court orders otherwise, the debtor shall commence making payments not later than 30 days after the date of the filing of the plan or the order for releif, which ever is earlier."

If you filed on July 30, 2010 your Plan payment is due the 29th day of each month commencing August 29, 2010, unless the Court orders otherwise. Remember, there were 31 days in July.

Mail the payment a few days before its due date to ensure it reaches the Trustee's lock box on time.

[momofthree]

I usually mail it 2-3 weeks ahead of time. It normally only takes about a week to show up online.

[minan]

So if I mail a cashier's check on 8/16 (I'm going out of town next), then it should get to Tennessee (what the mailing address said), it should get there by the 29th, right?

The instructions don't say anything about doing special mailing, such as overnight, etc....

So as long its in the Trustee's mailbox by the 29th, I should be ok, right?

[despritfreya]

You should be fine if you mail to the lock box by the 16th. It will take a few days to a week to post on the Trustee's Case Status Report so check for posting around your due date.

[LadyInTheRed]

I've made 3 payments to Tennessee so far, all by regular mail. They've all posted to the trustee's website within 5 to 7 calendar days of the date I mailed them.

[minan]

LadyIntheRed: I plan on putting the payment in the mailbox here in So Cal on the 17th so hopefully it will reach there by the 29th which is my due date.

It's funny, you're filing bk because you can't afford to pay your bills, however if you get in a bind and have to overnight/express mail the check to the Trustee, you have to incur the additional postage/mailing costs. What's wrong with this picture?

Why don't they have addresses in each district to mail payments to? God forbid we try to help those honest debtors who are really in a financial bind.

It's so obvious that the entire bk process/rules/regulations are primarily for the benefit of the creditors who lobbied for all this. The only real benefit I see for the debtor is the Automatic Stay. Maybe I'm more negative about bk because I'm having such struggles right now.

[needanswers]

We've been mailing ours 3 wks early and watch every month for the payment to post onto our account. We just send it through the regular mail. I remember the first payment we sent we were considering delivery confirmation but it just goes to a PO box and seems to post to our account very quickly.

[despritfreya]

To Minan:

In response to -

1. "It's funny, you're filing bk because you can't afford to pay your bills, however if you get in a bind and have to overnight/express mail the check to the Trustee, you have to incur the additional postage/mailing costs. What's wrong with this picture?"

The reality is - once you have made your 1st Plan payment, if you are a day or so late, heck, even if you are 30 days late, the world is not going to collapse. You just need to make sure you stay current. When you become delinquent (usually by the 3rd payment) the Trustee will file a Motion to Dismiss. You will have to bring payments current or file some sort of Motion before the deadline. Therefore, one need not panic. You will be given the opportunity to cure the deliquent Plan payments.

2. "Why don't they have addresses in each district to mail payments to? God forbid we try to help those honest debtors who are really in a financial bind."

Many year ago, one of the Trustees (or office staff - can't remember, it was so long ago) got caught with a hand in the till. As a result, the UST/DOJ began a policy that Trustees are not allowed to touch the $$. (There are a few exceptions and the rules have become a bix laxed over the years.) The $$ goes to a lock box (usually at a bank). Most Trustees use a local PO Box but there is a "clearling house" in Tennessee that is used by several.

Bottom line - it appears you have just begun this process. You need to "chill out". When bumps in the road happen, contact your attorney (assuming you are not pro se). That is why you have one.

[minan]

To Minan:

In response to -

1. "It's funny, you're filing bk because you can't afford to pay your bills, however if you get in a bind and have to overnight/express mail the check to the Trustee, you have to incur the additional postage/mailing costs. What's wrong with this picture?"

The reality is - once you have made your 1st Plan payment, if you are a day or so late, heck, even if you are 30 days late, the world is not going to collapse. You just need to make sure you stay current. When you become delinquent (usually by the 3rd payment) the Trustee will file a Motion to Dismiss. You will have to bring payments current or file some sort of Motion before the deadline. Therefore, one need not panic. You will be given the opportunity to cure the deliquent Plan payments.

2. "Why don't they have addresses in each district to mail payments to? God forbid we try to help those honest debtors who are really in a financial bind."

Many year ago, one of the Trustees (or office staff - can't remember, it was so long ago) got caught with a hand in the till. As a result, the UST/DOJ began a policy that Trustees are not allowed to touch the $$. (There are a few exceptions and the rules have become a bix laxed over the years.) The $$ goes to a lock box (usually at a bank). Most Trustees use a local PO Box but there is a "clearling house" in Tennessee that is used by several.

Bottom line - it appears you have just begun this process. You need to "chill out". When bumps in the road happen, contact your attorney (assuming you are not pro se). That is why you have one.

Thanks. I am trying to chill out. I'm a planner and need to know things in advance. I also tend to be a control freak in some things and this is my first time that something's not in my control. I'm very impatient because of all the unknowns/what-ifs etc..so it's a struggle.

I do have an atty who is very kind. Unfortunately I'm one of those clients...lol...

I also think that I'm in a depression, however don't have insurance so I can't get meds. And I'm too afraid to spend any money because I'm already panicked about the monthly payment that doesn't leave me with money for basic living expenses. I have a mtg with atty to discuss this.

[LadyInTheRed]

I also think that I'm in a depression, however don't have insurance so I can't get meds. And I'm too afraid to spend any money because I'm already panicked about the monthly payment that doesn't leave me with money for basic living expenses. I have a mtg with atty to discuss this.

You said in another post that you already take antidepressants. So, did you run out and stop taking them? If so, that is at least partly why you are having such a hard time dealing with this! Try calling your doctor and explaining your situation. The Dr. may have samples. If not, the pharmaceutical companies have programs to provide meds to those who can't afford them. Your doctor may be able to help get you through until your insurance kicks in.

[minan]

You said in another post that you already take antidepressants. So, did you run out and stop taking them? If so, that is at least partly why you are having such a hard time dealing with this! Try calling your doctor and explaining your situation. The Dr. may have samples. If not, the pharmaceutical companies have programs to provide meds to those who can't afford them. Your doctor may be able to help get you through until your insurance kicks in.

I've run out and am waiting for the insurance on my new job next week to kick in. I take your recommendation to call the doctor and get samples. Thanks! Didn't think about that.