Can you skip trustee payment

[missem]

My driver's license is all messed & going to cost around 700/800 dollars to get straight (in which I need to do ASAP for my insurance). Has anyone ever had to contact trustee & ask that their payment be used for something like this an emergency?

[Minnymouth]

First you need persmission from the Trustee and best be able to prove everything.......

Now if this should involve a DUI, traffic violation, etc in which you have no insurance, etc...... where you drivers liscense is taken......

Then I don't see the Trustee working "in your favor"......

He may tell you to pay him or have your case dismissed......

You won't know if you don't ask the Trustee though.....

Good Luck

[HHM]

LOL, it kinda depends on the "reason" for missing the payment. Most trustees are fairly lenient when it comes to true emergencies and prefer to be notified in advance.

By the way, you CAN use credit, within reason, while in chapter 13. If you still have an active credit card, you can charge things to it. But I would only do so in an emergency.

Since you did not specificy exactly the nature of the problem (but if it involves going to court, I am guessing this is not a "emergency" issue, but something a little more, shall we say, suspect). I would look into other options before potentially sacrificing your chapter 13.

[missem]

Well back in 1996 I had gotten a speeding ticket (first traffic violation ever) & someone in the family with political gain was suppose to have them taken care of but and years later I find that I still owe them & my license were suspended & in order for me to renew my license I will need to pay the ticket in full along with fees to the DMV & then I will be able to be renew my license. As for right now Im excluded from our insurance but the vehicle is in my name & my husband is cosigner. Just wondering if the trustee would allow me to take my payment one month & pay all the fines to renew my license.

[HHM]

Well back in 1996 I had gotten a speeding ticket (first traffic violation ever) & someone in the family with political gain was suppose to have them taken care of but and years later I find that I still owe them & my license were suspended & in order for me to renew my license I will need to pay the ticket in full along with fees to the DMV & then I will be able to be renew my license. As for right now Im excluded from our insurance but the vehicle is in my name & my husband is cosigner. Just wondering if the trustee would allow me to take my payment one month & pay all the fines to renew my license.

There is no harm in asking, but you should probably come up with a contingency in the "likely" event the trustee says, NO.

I would leave out the part of the story about "someone fixing your ticket" and just say that you have moved, thought you had paid it and only came to find out the payment was not received when you went to renew your license, etc etc.

[missem]

Well when I filed my Ch 13, I explained all this to my attorney & he said or at least to my undertanding that one month I could request to use my payment to trustee & pay fines & renew lic.

[HHM]

Like I said, just ask. All we can do is speculate here. Maybe the trustee will let you...but as a matter of prudence you should probably start thinking about what would happen if the trustee says no.

[wooisme]

interesting, in the booklet my trustee gave to us......it says, he does not have the power to be able to tell you to skip a payment, make a partial payment and only the court has that power. I also was told that i could NOT have a credit card nor could I charge anything. that it was considered a crime and I could be locked up for it. I was told to use my visa check card because that comes directly out of my checking account and not really a credit card.

[familyof7]

They will usually allow you to skip a pmt or two if you ask but different districts different rules in this situation I am not sure but it wouldnt hurt to ask

[HHM]

interesting, in the booklet my trustee gave to us......it says, he does not have the power to be able to tell you to skip a payment, make a partial payment and only the court has that power. I also was told that i could NOT have a credit card nor could I charge anything. that it was considered a crime and I could be locked up for it. I was told to use my visa check card because that comes directly out of my checking account and not really a credit card.

Yes, what you said is usually the case and most trustees will probably take that line. However, many trustee's do have some flexibility to allow (1) missed payment so long as it gets made in the end. But, by the letter of the law, you are correct, the trustee has no power, independently, to allow a debtor to miss a payment because they cannot extend the payment plan, the plan is set by court order and the BK Code.

My advice to the original poster is the same, it doesn't hurt to ask, but you really need to come up with a contingency in the event the trustee says no. You need to view your chapter 13 payment as untouchable in your financial budget. You can't even touch it for emergencies.