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(*(*( Day in a Life of a Trustee )*)*)

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    #16
    Originally posted by drowningindebt1 View Post
    and you can't pay the trustee, what next?
    If you lose your job or some other permanent financial castatrophe happens (divorce, large unanticipated medical bills, etc), you work with your lawyer to submit an amended Ch 13 plan that reflects your new permanent financial picture, or if your income falls far enough or expenses increase enough, convert your Ch 13 to Ch 7.

    If you have a temporary $ shortfall - for example, your car breaks down and you don't have the cash to pay for repairs and make your monthly payment as well - most trustees (if notified immediately by your lawyer that you can't make a payment and why) are willing to work with you to skip one or more payments and extend your plan however many months you skip at the end. But it had better be a really good reason.

    The very worst thing that can happen is you don't pay, don't notify your lawyer you can't pay, and after you miss a payment or two, your trustee dismisses your Ch 13. Voila! You now owe everything you did when you filed plus interest and late fees - not a pretty picture.
    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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      #17
      Originally posted by simon2020 View Post
      Could someone tell me what will my life be with my Trustee once the plan is confirmed?

      The reason for my question is since my attorney is already projecting a 60 month plan (which seems like forever - heck it's 1/2 a decade) - I want to hear your stories about what it will be like for the most part month to month - quarterly and/or annually.

      I almost feel like I am going to marry my Trustee so I might as well make it a good relationship from the start.

      1. Do they nickel and dime me on my expenses throughout the year - asking me questions about this and that?

      2. Do I have to send it paperwork to them - like income tax returns every spring time? What about bank account statements?

      3. What kind of tips can you give me on how to have a good relationship with my Trustee so the 60 months will go smoothly for me?

      Thanks All.

      You won't be "marrying" your trustee but the trustee has control over your entire financial estate/affairs while you are under the Plan (some would consider that the same as "marriage" I guess...)

      1. No. If your income increases or decreases over a certain percentage, contact your attorney. You should be advised as to what to do if that occurs anyway. You will also probably have to provide your tax returns to the Trustee each year within a certain time frame after filing (i.e., 5 days).

      2. See #1. You will provide bank statements anywhere from six months to one year to your attorney prior to filing.

      3. Make all your Plan payments and other bill payments on time, lie low and if you have questions, contact your attorney. Do not do anything dumb during your Plan like buying a car or selling your house without first consulting your attorney because in order to do things like that, or obtain credit, you need trustee permission. Do not contact your Trustee directly because since you are represented by an attorney, they will just advise you to contact your attorney.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

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        #18
        Originally posted by bpn2009 View Post
        You don't send payments too your trustee for disbursement?
        Not everyone pays their autos and mortgage through the bk. You would have to have their payments inside the plan if you were behind on any of them.

        For example my bk-- We had never missed a payment on the house, and were running less than 30 days late on the autos. But I was upside down by around $15000 on my van. Our lawyer fixed our plan to have the vehicles paid inside the plan by the trustee. Our mortgage wasn't behind, so we paid it outside the plan. The secured claim for my van was paid in full. The part I was upside down on became an unsecured claim and was paid at the percentage the rest of my unsecureds got, something like 85-89%, can't remember for sure without looking it up.
        Chapter 13 filed -8/12/04
        Plan approved- 7/11/05
        Date discharged--10-12-2007
        Date closed- 12/6/2007:yes2::yes2:

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