Trustee failed to make my monthly plan payment, now what?!

[lukesky]

My Trustee failed to make my monthly plan payment. There is only a few days left in this month to do so. Today is 2/25/2017. They recieved my auto TFS payment on the 14th of this month. Usually payments from him go out no later than the 19th of the month. I have called my attorney who said "do not worry, it will be okay". Pretty much could care less and did nothing. I emailed, called and left a message with my Trustee in which I doubt if he will listen and read this Monday because he will be in court. So, now what? Is it possible CarMax Auto Finance can repo my car now and my Chpt 13 case be dismissed over something that I have been trying to fix? Anybody else been in this boat? Please help and thank you.

[despritfreya]

You really should to listen to that "did nothing" attorney. For all you know the person in charge of doing the disbursements is sick, had an accident, is on vacation, had a death in the family etc. You do not need to worry about when or how the Trustee makes the payments. Such is the Trustee's problem. Yours is to make sure you continue to tender timely payments to your Trustee. Stop worrying and enjoy your weekend.

Des.

[lukesky]

You really should to listen to that "did nothing" attorney. For all you know the person in charge of doing the disbursements is sick, had an accident, is on vacation, had a death in the family etc. You do not need to worry about when or how the Trustee makes the payments. Such is the Trustee's problem. Yours is to make sure you continue to tender timely payments to your Trustee. Stop worrying and enjoy your weekend.

Des.

I love you. Thank you.

[lightning65]

Funny, not haha, but I just came on to see if anyone else posted anything about the same subject. My house payment was suppose to be made back on the 1st of the month by the trustee. I was curious because I didn't see anything posted on the National data center so I called my lawyer who said the same thing, "don't worry about it." Well it seemed to be a big problem when I didn't pay on time but was still in the grace period to pay. Now the trustee was beyond that and still hasn't even paid yet and it's almost the end of the month, nice example. Do as I say not as I do. In the end, I did my due diligence and talked to my attorney, not that I didn't wish I had someone that I liked and trusted, but the ball is in the trustees court and I'm ok with that since I'm forced to give my the trustee my mortgage payment and couldn't pay it right now even if I wanted to. Keep records of who and when you talk to and do what we are advised by our lawyers, that's all we can do, best of luck.

[justbroke]

Any payment made on time to the Trustee is deemed to be an on-time payment to the creditor. It's simply how it works.

My Trustee had not paid any secured creditor in about 2 months, then paid them 3 months worth of payments all in one shot. I don't question how or when the Trustee decides to make payments because my payments, wage deductions, were on time to the Trustee. Besides, this was my "do nothing" attorney's first bankruptcy case.

[sophieanne]

Lukesky - before the 36 months are up, you're going to have this whole process down to a fine art and you'll be more relaxed.

[lukesky]

Lukesky - before the 36 months are up, you're going to have this whole process down to a fine art and you'll be more relaxed.

I hope your right sophieanne. Thanks.

[lukesky]

Funny, not haha, but I just came on to see if anyone else posted anything about the same subject. My house payment was suppose to be made back on the 1st of the month by the trustee. I was curious because I didn't see anything posted on the National data center so I called my lawyer who said the same thing, "don't worry about it." Well it seemed to be a big problem when I didn't pay on time but was still in the grace period to pay. Now the trustee was beyond that and still hasn't even paid yet and it's almost the end of the month, nice example. Do as I say not as I do. In the end, I did my due diligence and talked to my attorney, not that I didn't wish I had someone that I liked and trusted, but the ball is in the trustees court and I'm ok with that since I'm forced to give my the trustee my mortgage payment and couldn't pay it right now even if I wanted to. Keep records of who and when you talk to and do what we are advised by our lawyers, that's all we can do, best of luck.

Amen and Amen lightning65. Thank you so much for being here and for your post. I was hoping I was not alone with this. My attorney did finally email me back after a week and pretty much said the Trustee knows how to make payments. I do have all my email strings to him and the one to the Trustee (not sure if that was a good ideal are not) asking what is going on and what am I supposed to do. Thanks again.

[lukesky]

Any payment made on time to the Trustee is deemed to be an on-time payment to the creditor. It's simply how it works.

My Trustee had not paid any secured creditor in about 2 months, then paid them 3 months worth of payments all in one shot. I don't question how or when the Trustee decides to make payments because my payments, wage deductions, were on time to the Trustee. Besides, this was my "do nothing" attorney's first bankruptcy case.

Wow, thank you again justbroke.....I wished I would have waited to send an email and to leave my Trustee a message but it was absolutly with respect. I told him that I did not want to loose my car and I did all I can do. My attorney said it was a bad ideal to email/voice message him but my attorney is really not into what I ask of him. Thanks again.

[justbroke]

Just so that you know, Trustees really don't like when a represented debtor contacts them. It usually indicates an issue between the attorney and the debtor and I would think the Trustee would not want to get involved. I would think that the Trustee would contact your attorney to ask what was going on before responding to you directly.

Unfortunately bankruptcy moves at glacial speeds. Nothing really happens fast and true emergencies are rare. It is perfectly okay to want things and people to move faster. It is perfectly okay to want to understand why payments are missed or slow. It is perfectly okay to be curious or nervous about the other side of the process.

[lukesky]

Just so that you know, Trustees really don't like when a represented debtor contacts them. It usually indicates an issue between the attorney and the debtor and I would think the Trustee would not want to get involved. I would think that the Trustee would contact your attorney to ask what was going on before responding to you directly.

Unfortunately bankruptcy moves at glacial speeds. Nothing really happens fast and true emergencies are rare. It is perfectly okay to want things and people to move faster. It is perfectly okay to want to understand why payments are missed or slow. It is perfectly okay to be curious or nervous about the other side of the process.

Thank you, if I can get past tomorrow, Monday I should be okay. I just wished my attorney would answer my questions.

[switch625]

I wouldn't worry if a trustee misses a payment, but then again I did not have a regular car or house payment paid through the plan. I check NDC regularly and maybe twice my trustee had missed payments to creditors, but that payment gets doubled the following month.

[lukesky]

I wouldn't worry if a trustee misses a payment, but then again I did not have a regular car or house payment paid through the plan. I check NDC regularly and maybe twice my trustee had missed payments to creditors, but that payment gets doubled the following month.

You are so right switch625. As I was told here and also by my Trustee recently, sometimes they wait two months to build up enough monies to send out. So now I know and no worries. Thanks

[spidge]

There is a stay in place so focus on the payment to the trustee and try to worry less about the details.

[lukesky]

There is a stay in place so focus on the payment to the trustee and try to worry less about the details.

Yes, you are right and thank you spidge.

[spidge]

I say that like it was easy for me. I was checking in almost daily to the info sites and wondering what the trustee would do next.