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What is required to skip a couple trustee payments?

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    What is required to skip a couple trustee payments?

    I have had issues with my back for almost a year now. My doctor is now referring me to a neuro surgeon. I have already missed quite a bit of work (FMLA) but we have been managing to squeak by. I am curious though. If surgery is needed (or prolonged time off) how do we go about asking the trustee to let a skip a couple of payments. I know it varies by trustee but what, to your knowledge, is generally required? I know of course if this happens I will need to speak to my attorney. My husband has weekly payments taken directly out of his check. We are scheduled to be done with our payments (at 100%) in October. We will have been in the plan for 24 months. I really think something is wrong and am trying to be prepared. My doctor had an EMG done in June because my arms and hands kept going numb. I was told that I had pinched ulnar nerves in both elbows. My neck and lower head has been hurting. After an MRI (and blood test) I was told I have Psoratic Arthritis. My back has been hurting this whole time. It keeps locking up between my shoulder blades. I had been told it was just my body reacting to everything else. It got so bad I cried the doctor in tears. He did an X-Ray (he doesn't usually work with backs). He said I had Scoliosis with a 25% curve. I was told 20 years ago (in junior high) that I had a very mild case of scoliosis and that I wasn't going to grow much more so it wouldn't get bad. My mom said she doesn't remember what it was but it wasn't near that bad. My doctor recommended therapy, again. Then I got sick one night. When I did I felt a "sting" in my back that shot all the way down to my fingertips. This pain was worse than when I had my tonsils taken out last year. It felt like I had been electricuted. Anyway, the doctor said to wait on the therapy and see the surgeon first. Now my lower back is hurting too. I know I'm having a pity party. Please forgive my rambling. Thats what I do best. Anyhow, your help is very much appreciated.

    #2
    I'm sorry to hear about your health issues. I hope it all works out with the surgeon.

    I would call your Trustee's office and explain the situation to them. See what they have to say.

    Depending on how long you have been in your plane, you may be able to get a hardship discharge.
    Filed Chapter 13 05/23/08
    Converted to Chapter 7 Jan 2012
    Discharged April 2012

    Comment


      #3
      Gather whatever medical information you have as to your situation and get letters from the doctors involved. Contact your attorney and present him with that information (the trustee will not deal with you directly if you are represented by an attorney). Your attorney will review the situation and contact the trustee as to what can be done in your situation. Do you have any sick time accumulated to cover any time away from the office if you need to have surgery and do you have long term disability insurance through your employer?
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

      Comment


        #4
        truckerswife, sorry to hear on your back problem... my wife has same symptoms and she had to leave her job, and that's the reason I'm here on this forum.

        health first, like I did, subscribe to this forum (http://www.spine-health.com/forum) and there'll be many who could offer you their experiences and help... just like this forum offer help on bk.

        good luck and take care of your health first.
        12/31/08: Filed for ch 13. (FICO: 605 as of 1/5/09, 648 as of July 2010). 02/11/09: 341 mtg. Plan confirmed for $200 per month for 36 months... (20 down 16 left)

        Comment


          #5
          Originally posted by Flamingo View Post
          Gather whatever medical information you have as to your situation and get letters from the doctors involved. Contact your attorney and present him with that information (the trustee will not deal with you directly if you are represented by an attorney). Your attorney will review the situation and contact the trustee as to what can be done in your situation. Do you have any sick time accumulated to cover any time away from the office if you need to have surgery and do you have long term disability insurance through your employer?
          I work for an e-commerce center. I walk/stand(bend, lift and reach) on concrete for 12 hour shifts. I pay for long term disability insurance but it take 6 months off before you can start getting paid anything. The company provides paid medical leave based on years on the job. I would be eligible for 9 paid weeks of leave after 2 weeks without pay. It would pay 60%. I pay for our insurance (and flex spending) so most of the pay would go to cover that. My company has good benefits. I signed up for the legal plan a month before we filed. I only had to pay my attorney $100. I figured it out and I could pay for the legal plan for 4 years with the amount they covered of the attorney.

          Comment


            #6
            Originally posted by screwedupbyRE View Post
            my wife has same symptoms and she had to leave her job, and that's the reason I'm here on this forum.

            Yes, I am trying to hang on to my job as long as I can. I told my doctor I start school in the fall for accounting. I told him I knew I wouldn't be able to stay with my current job for much longer. His response was "not at the rate you're going". Huh, I'm up now because I couldn't find my muscle relaxers 2 hours ago and I couldn't get comfortable. Bet you wont guess what just jumped out and got me. Night - Night. I'll check out the site. And thanks.

            Comment


              #7
              Originally posted by Flamingo View Post
              (the trustee will not deal with you directly if you are represented by an attorney).
              Flamingo, that is not true. I have spoken several times to my Trustee's office directly ( i have a representative that is assigned to my case) They only need the attorney involved if there's going to be a motion filed for a plan payment reduction or a hardship discharge. If you are only missing a few payments, that can be worked out with their office directly.
              Filed Chapter 13 05/23/08
              Converted to Chapter 7 Jan 2012
              Discharged April 2012

              Comment


                #8
                Originally posted by chloe0724 View Post
                Flamingo, that is not true. I have spoken several times to my Trustee's office directly ( i have a representative that is assigned to my case) They only need the attorney involved if there's going to be a motion filed for a plan payment reduction or a hardship discharge. If you are only missing a few payments, that can be worked out with their office directly.
                Maybe a district thing. Our trustee would send correspondence sent to him directly to the attorney to handle. Phone calls to him would be directed to the involved/retained attorney. The trustee himself indicates in our paperwork that all correspondence concerning the matter is to be directed to the attorney and the Trustee would work through the attorney. Some trustes may be more open but most will not speak directly with the filers/debtors and others have posted on here indicating the same as to their trustee.
                _________________________________________
                Filed 5 Year Chapter 13: April 2002
                Early Buy-Out: April 2006
                Discharge: August 2006

                "A credit card is a snake in your pocket"

                Comment


                  #9
                  Originally posted by truckerswife View Post
                  I work for an e-commerce center. I walk/stand(bend, lift and reach) on concrete for 12 hour shifts. I pay for long term disability insurance but it take 6 months off before you can start getting paid anything. The company provides paid medical leave based on years on the job. I would be eligible for 9 paid weeks of leave after 2 weeks without pay. It would pay 60%. I pay for our insurance (and flex spending) so most of the pay would go to cover that. My company has good benefits. I signed up for the legal plan a month before we filed. I only had to pay my attorney $100. I figured it out and I could pay for the legal plan for 4 years with the amount they covered of the attorney.
                  Since your Plan ends in October, hopefully you can make it that far so you will be discharged. I would definately bring all this up with your attorney to see what your options are in case you cannot hold up for that long. You know your situation better than anyone and you do have fabulous benefits. I certainly wish you the best and hope things work out for you.

                  As to your legal plan (they can be great) but if you don't need those services for a certain year, you don't have to continue to purchase the service. If one plans to file BK during a covered period or needs Wills or other services that are listed in their plan, it is well worth it but if you continue with paying for following years by renewing, you may not need those services and will be paying out of your paycheck for nothing. Not all services are covered...only certain specific items that are listed.
                  _________________________________________
                  Filed 5 Year Chapter 13: April 2002
                  Early Buy-Out: April 2006
                  Discharge: August 2006

                  "A credit card is a snake in your pocket"

                  Comment

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