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    Modified payments through employer to trustee

    We are modifying our current chapter 13 because we are giving up the house( cant afford), thus reducing our monthly payment from 3190.00 to 500.00. My lawyer is meeting with the trustee on June, 22 to get this confirmed. My employer has been sending my paycheck ( i get paid once a month ) directly to the trustee. I get paid on the 24th, thats only 2 days after the meeting. Do you think the trustee will notify my employer of the new payment right after the meeting so i do not have to pay the 3190.00 that month? or is it too soon. is it possible for me to call my payroll and tell them only to send in the 500? or does that have t be court ordered? How long will it take for the trustee to contact my employer for them to reduce the payment? Thanks

    #2
    Originally posted by ilbcertain View Post
    Do you think the trustee will notify my employer of the new payment right after the meeting so i do not have to pay the 3190.00 that month? or is it too soon.
    Knowing the courts don't tend to move quickly on anything, it's doubtful things would happen this fast.

    However, ask your attorney if he/she can ask your trustee ahead of time if you can skip your June payment or pay the proposed amount while your case amendments are considered. Some trustees will agree, some won't. Can't hurt to ask.

    is it possible for me to call my payroll and tell them only to send in the 500? or does that have t be court ordered?
    No, you can't change the amount removed from your paycheck. That change has to come directly from the bk court after your amended case is confirmed.

    How long will it take for the trustee to contact my employer for them to reduce the payment? Thanks
    There's really no way for anyone here to reliably predict that. However, your attorney likely knows how long the trustee has taken to notify employers for his/her other clients in your local area when their cases were amended.
    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
      The change in the payment will need to be court ordered. I don't know how long that will take. But, if I were you, I'd count on the larger amount being paid in June.

      ETA: Typing at the same time as lrprn. I can't believe it took me 3 minutes to write that reply!
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        #4
        If my new lower payment is OK ed by the trustee on the 22nd and they take the full amount on the 24th. Will the give my money back?

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