I did a search I coudn't find what I was looking for...

[Jeffrey]

Filed in Ca under old law Ch 13. Had to go to South Dakota to see a sick relative... she's in her 80's and is having probs with her diabetes.. that being said... looks like I will miss a payment this month.... by one day. Dispersment will happen Thurs the 28th. Have to have the $$$ in by 1pm. Won 't be able to pay until Fri. Been late before... but always got the M.O. in before the dipersement.

Now... has anyone exp this? Any advice?

[Minnymouth]

You need to contact your Trustee or Attorney and notifiy them of the problem......... work it out with them.....

Don't just let it go........

[Jeffrey]

Called the Trustee... they noted the account. Told them thats the best I could do. We'll see I guess.

You need to contact your Trustee or Attorney and notifiy them of the problem......... work it out with them.....

Don't just let it go........

[anonymuse]

Jeff, always err on the side of caution and contact the trustee. You jeopardize your whole case by just trying to slip something by.

[Jman30]

Always call your attorney or the Trustee IMMEDIATELY. At least you showed a good faith effort and if the Trustee every tried to throw your case out for being late by ONE day....at least it is on record that you were proactive and contacted them. A judge may very well see that and dismiss the Trustees motion.

[ch13buyout]

looks like I will miss a payment this month.... by one day. Dispersment will happen Thurs the 28th. Have to have the $$$ in by 1pm. Won 't be able to pay until Fri. Been late before... but always got the M.O. in before the dipersement.

Now... has anyone exp this? Any advice?

This is not intended as legal advice. Please contact your lawyer for any legal questions you have.

That being said, I was just reading a case ruling last night that said a bk filing cannot be dismissed for being late within such a short time frame and where the debtor acted in good faith. Which sounds like your situation.

But being late on your payments can affect your ability to refinance you chapter 13 should you decide to at some point. Generally, you need 12 on-time payments to the trustee. This can be overcome in limited exceptions such as where you have a good credit score.

Its always best to make your payments to the trustee and stay on top of it. I see more people who get scared about missing a payment and then they let the whole thing slide. Don't fall into that trap.

[Jeffrey]

I won't... paid it today as a matter of fact. Like I said.. I already called the Trustee office and they noted my account. It will just miss this months dispirsal (sp?).

They got the payment tho

No chance of a refi since I don't own.

Anyways... thx for all the help.

This is not intended as legal advice. Please contact your lawyer for any legal questions you have.

That being said, I was just reading a case ruling last night that said a bk filing cannot be dismissed for being late within such a short time frame and where the debtor acted in good faith. Which sounds like your situation.

But being late on your payments can affect your ability to refinance you chapter 13 should you decide to at some point. Generally, you need 12 on-time payments to the trustee. This can be overcome in limited exceptions such as where you have a good credit score.

Its always best to make your payments to the trustee and stay on top of it. I see more people who get scared about missing a payment and then they let the whole thing slide. Don't fall into that trap.

[aa06a47]

I seriously doubt a trustee would file for dismissal for being 1 day late. Though as others recommended, it doesn't hurt to notify the trustee if you can. I've had my checks clear the bank and it not show up as paid on NDC website for up to 3 days after it clears. Other times, I've had it show up as paid 2 days before it clears the bank. I think the trustee has to allow some time for his / her own processing of the checks.

[anonymuse]

I seriously doubt a trustee would file for dismissal for being 1 day late. Though as others recommended, it doesn't hurt to notify the trustee if you can. I've had my checks clear the bank and it not show up as paid on NDC website for up to 3 days after it clears. Other times, I've had it show up as paid 2 days before it clears the bank. I think the trustee has to allow some time for his / her own processing of the checks.

I think it would depend on the pattern of payments. If this was your third time it was late (even by 1 day), it could have a negative impact.

My practical non-legal advice is to always cover your butt and err on the side of caution.