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#1 |
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Registered User
B/F Newbie
Join Date: Sep 2009
Posts: 56
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Paying trustee?
Do you have to have it payroll deducted? Can you pay it on your own? I would rather pay it on my own., If my company knows it will be very embarassing for me., nothing is confidential there and I am afraid it would ruin my chances for a promotion. also, we do not get paid sick time so if I am off a week there would be not money to deduct and that would cause problems. |
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#2 |
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Registered User
B/F Guru
Join Date: Aug 2004
Location: michigan
Posts: 1,512
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your attorney has to file a motion with the court to get your payments sent in directly by you. However some trustees insist on payroll deduction because those plans are generally more successful.
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#3 |
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Moderator
B/F Guru
Join Date: Aug 2006
Location: Mid-Atlantic Area
Posts: 4,434
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Your state determines whether or not payroll deduction is required. Ours required it but if you have a good attorney it is possible to get around it. In our situation, I had just started a new job the day after our 341 hearing and was highly concerned of the impact on my new job. Our attorney was able to get us to send in a certified check each month to the Trustee which we did and made sure we were never, ever late.
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_________________________________
Filed 5 year Chapter 13: April 2002 Early Buy-Out: April 2006 Discharge: August 2006 |
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#4 |
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Moderator
B/F Guru
Join Date: Apr 2006
Location: Midwest
Posts: 7,949
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Ask your lawyer what your trustee allows. If personal direct payment isn't one of the options, if you have credible reasons why payroll deduction isn't feasible for you (such as the one you mentioned about weeks with sick leave), your lawyer can petition the court to request direct payment to the trustee. Others here have done it successfully.
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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! 06/01/09 - Three years done!! Countdown: 41 months paid, 19 months to go |
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#5 |
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Registered User
B/F Newbie
Join Date: Apr 2009
Posts: 12
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It seems things are different all over. We wanted to have ours paid by payroll deduction and our trustee does not allow this. The only options are cashier's check or money order. We are in Northern California. The trustee gave me the impression that the rule for this is by trustee's preference in our area. The handbook he handed out at the 341 meeting said that we could have payroll deduction if we requested it, but he said they don't accept that anymore when I questioned it. Didn't make sense to me, but those are his rules. |
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#6 |
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Registered User
B/F Newbie
Join Date: Dec 2008
Location: Georgia
Posts: 179
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Our district states that they require it except in special circumstances. There is a check box on the plan form. Mine originally stated direct payment and it was never questioned. I send mine in via my bank's bill pay.
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03/04/09 - Filed Ch 13
04/22/09 - 341 Meeting ![]() 09/10/09 - Confirmed 03/04/14? - Discharged $200K/$34K Uns/S(ecured), $2025/mo, 9/60 Payments made. 32% Payout |
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#7 |
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Registered User
Join Date: Nov 2009
Posts: 6
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Indiana allows direct payment. I was asked if I wanted to pay directly or have it payroll deducted. I chose to pay directly and pay every month by personal check.
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