Payment to Trustee

[car67]

I filed 2-22-08
Confirmation hearing 341 not till end of April
Wife tell me we have to make proposed payment
March first payment before 341?
Does that sound right

[HHM]

You have 30 days from the date the date you filed chapter 13 to make your first payment. As part of your chapter 13 filing, you MUST file a chapter 13 plan. (if you have not filed a chapter 13 plan with a proposed payment, your case may already be dismissed, as you only have 15 days from the date you file BK to file all necessary documents).

[woeisme]

Yes, we made 2 payments and were close to our third payment before our 341 because they were back-logged with cases so 341 was a good while after we filed. If you do not make your first payment by the 22nd of this month, expect your 13 to be dismissed at your 341 hearing for non-payment.

[car67]

thanks i was just telling wife she was wrong and I was right haha gues i have to say sorry

[woeisme]

I have to do that all the time, ain't love grand? lol

[howie]

So when is the actual filing date? Is this when you pay the attorney? My atty has had all my paperwork for almost a month going over it. I am not sure what is taking so long. I hope I was not expected to make a payment. He did not mention that I had to. Any comments please?

[HHM]

So when is the actual filing date? Is this when you pay the attorney? My atty has had all my paperwork for almost a month going over it. I am not sure what is taking so long. I hope I was not expected to make a payment. He did not mention that I had to. Any comments please?

The filing date is the day the paperwork is filed with the court and a case number assigned.

[car67]

HHM is right my papers took a year to organize and payment is 30 days from date you get your case number. I learned that today

[nojusticehere]

Ok, I have a question now about payment??? I had originally filed for a 7, now on March 15 requested a conversion to 13. When does the paperwork have to be filed for the payment plan and when would my payment be due. My atty said sometime in May or June. Seems awfully long time away, and odd. He hasn't filed the payment plan, only the motion to convert to 13. Once that's approved, then I guess we'll file the plan.

[car67]

I am going to say 30 days from the motion you should be making payment in accordance with what I discovered today. Mail the trustee the proposed payment with your case number on it just to be safe.

[howie]

Let's say it takes several months to actually file. In the mean time I have more money because I stopped paying my cards and I am not paying the trustee yet. What can I do with this money? Will the trustee want to know where it all went? I think my payment is going to be in the $1800 range. This is a lot of money to account for. I know I am not supposed to have any money in the bank at my 341 meeting, so what can I do with the money? Should I send it to one of the creditors?

[HHM]

Let's say it takes several months to actually file. In the mean time I have more money because I stopped paying my cards and I am not paying the trustee yet. What can I do with this money? Will the trustee want to know where it all went? I think my payment is going to be in the $1800 range. This is a lot of money to account for. I know I am not supposed to have any money in the bank at my 341 meeting, so what can I do with the money? Should I send it to one of the creditors?

Back up...for chapter 13's, how much cash you have on hand does not mater. You get to keep your assets in a chapter 13. The trustee is not going to care how you spent that money. Incidently, since you are filing chapter 13, you don't really need to stop paying creditors, you can if you want or need to for some reason.

Now, for chapter 7's, you need to minimize your cash on hand, but for chapter 13's, it does does not mater.

[krielly]

I have to disagree with the fact that the cash on hand doesn't matter in a 13. You still are only able to exempt a certain amount of cash (depending on your state's exemptions). It is true that you won't lose this money upfront, but because a 13 must provide at least as much to creditors as a Chapt 7 would, it is possible that having excess funds in the bank could affect your 13. It may, or it may not..........depending on your circumstances, and the percentage of payback.

[nojusticehere]

I am going to say 30 days from the motion you should be making payment in accordance with what I discovered today. Mail the trustee the proposed payment with your case number on it just to be safe.

I would mail a payment if I knew exactly what it was supposed to be. You see, we've filed a motion to convert to Chap 13 (Mar 15) which hasn't been confirmed yet. Also, I don't believe a payment plan has been submitted. I do know that my atty has done a new
CMI and it shows $818 in excess, however, I'm not sure if that includes my secured debts, or if I'm supposed to pay them outside or inside the plan? My atty did say that 30 days after confirming is when the first payment is due.

Will I receive something from the US Trustee that tells me what my payment is and when it's due? My lovely atty is now on a 3 week vacation. (I should have went with my gut feeling about him, but to late now).

[howie]

My atty told me not to have more than $400 in the bank when I go to the 341 meeting. I am to stop at an ATM and get a balance statement to bring in with me. I am going to be in a 100% repayment plan as well. My atty also told me to spend my income tax check since they hadn't actually filed yet, but to keep receipts on where it went. All seems very confusing.