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    First payment due....

    Is my lawyer slackin? My first payment is due to the trustee in two days, and I haven't gotten my plan payment yet. I have been in contact with the law firm on a regular basis. I sent all pertinent info over two weeks ago. Then they needed some last minute stuff so I over nighted that last thurs. still this morning I called and it had not been done. How do I get a pyment to the trustee by the 28th of May, when I don't even have any idea what my payment will be? Let's see if my attorney's will get on top of this right away. They say they are completely swamped! But, if I don't get that payment in, Im gonna be the one in trouble...right?

    #2
    When we filed the attorney told us our payment and said to keep making it each month until confirmed.

    He had to have told you the amount when you filed.

    Keep trying your attorney. Call and email. His paralegal will know the payment amount and address of trustee.

    Then do a USPS Express mail overnight.

    Comment


      #3
      Your lawyer should have provided you with an initial amount. At your 341 Meeting, the Trustee may have even given you envelopes and instructions for mailing the payment.

      While your plan may be in limbo, you are required to pay the amount indicated on your first filed Plan... even if it's under review or amendment. I would be surprised if your lawyer didn't tell you this (or it's buried in a bunch of paper), but your payment is whatever was submitted the day you filed for Bankruptcy (or the one filed within the 15 days if it was an emergency petition).

      Your first payment is VERY important to be on time. This allows the Trustee to get a good feel for your payment habits quickly.
      Last edited by justbroke; 05-26-2009, 11:24 AM.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        We mailed our first payment within the first week of filing 12/31/08. Our 341 was about a month after that. We paid weeks before it was due each month.

        Finally confirmed on 05/07/09. Paying the trustee on time is big!

        Comment


          #5
          If your lawyer filed a plan, there was a proposed payment on the plan documents, which you had to sign. If you don't have copies of these documents, then look on PACER and get a copy. But I just don't see how you could be coming up on 30-days past filing and still not even know what your proposed payment is, it's right there in your BK petition.
          Filed CH 13 September 17, 2007
          Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

          Comment


            #6
            I am not sure of your situation but I had a similar one. My lawyer filed with no schedules or plans. These were then suppode to be do 15 days after the petition was filed. The lawyer then needed some extra time becuase of different circumstance so filed a motion to extend the time until 7 days before the 342 mtg which was approved. My plan was filed on the 19th and my payment was due on the 20th of May. I sent the payment on the 20th knowing it will not get there on the 20th but was told I would have some leeway.

            Petition Filed Apr 20th
            Plan/Schedules Filed May 19th
            1st Payment May 20th
            341 Mtg May 26

            Comment


              #7
              Originally posted by beam14 View Post
              I am not sure of your situation but I had a similar one. My lawyer filed with no schedules or plans. These were then suppode to be do 15 days after the petition was filed. The lawyer then needed some extra time becuase of different circumstance so filed a motion to extend the time until 7 days before the 342 mtg which was approved. My plan was filed on the 19th and my payment was due on the 20th of May. I sent the payment on the 20th knowing it will not get there on the 20th but was told I would have some leeway.

              Petition Filed Apr 20th
              Plan/Schedules Filed May 19th
              1st Payment May 20th
              341 Mtg May 26
              Sound exactly like our situation!

              Comment


                #8
                Originally posted by sassiebaz View Post
                Sound exactly like our situation!
                That's why this forum is so great. You're not alone!
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment


                  #9
                  That's why I like the auto deduction from my paycheck. In our case we had to pay our first month's payment on the day of and prior to our 341 meeting but we knew weeks in advance what the amount proposed was going to be. After that they told us we had to make monthly payments unless it was taken out of my pay. I can just imagine how busy the attorneys & trustees are nowadays. At our 341 the court had to schedule two shifts because of the amount of cases that had to be done.
                  Filed 11/10/08

                  Discharged 2/18/14

                  Comment


                    #10
                    Ok, just got a call and email from my attorney. Our plan payment is....ready for this......$72 a month!!!! I couldn't believe it. Wow! I wonder if the trustee will have an issue with this.....

                    Comment


                      #11
                      Wow, that is sick! I bet you feel really good right now, now go out and have dinner and celebrate!

                      Comment


                        #12
                        Originally posted by sassiebaz View Post
                        Ok, just got a call and email from my attorney. Our plan payment is....ready for this......$72 a month!!!! I couldn't believe it. Wow! I wonder if the trustee will have an issue with this.....
                        I demand a recount!

                        (I'm from Florida, so... we do that alot! BTW, Excellent.)
                        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                        Status: (Auto) Discharged and Closed! 5/10
                        Visit My BKForum Blog: justbroke's Blog

                        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                        Comment


                          #13
                          That's great! I was happy with our $125/mo. We just filed last week on 5/21 and our first payment is due 6/21. I was told our monthly payment amount on the day of filing. Like others said, after reading this post, I plan on sending in that payment about 2 weeks early to be safe. Our payment is supposed to be electronically taken out of my husband's check but the first month it could be late or not paid with that method.
                          CH13 filed 5/21/09; 341 6/17/09; confirmed 7/14/09]
                          Discharged: 7/25/12

                          Comment


                            #14
                            That is great! We started our $3300 a month by paying direct then went to a payroll deduction. Now we have over $6500 extra in the trustees account. It rises by $400 a month because of the 2 week pay period cycles.

                            Comment


                              #15
                              Originally posted by justbroke View Post
                              i demand a recount!

                              (i'm from florida, so... We do that alot! Btw, excellent.)
                              lmao

                              Comment

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