Miss a car payment during 13..

[flower04]

We are in our 2nd month and our plan has changed. We were supposed to pay by the 28 of the month to the trustee, which including our car payment. Then our plan changed as of last Friday and now we are paying our car OUTSIDE the plan. So, the original due date for the car payment is September 14--tomorrow! We weren't planning to pay it until after this friday (payday) and I'm worried that something will happen.

We did receive notification that we wouldn't receive any statements during the BK.

[lrprn]

Then our plan changed as of last Friday and now we are paying our car OUTSIDE the plan. So, the original due date for the car payment is September 14--tomorrow! We weren't planning to pay it until after this friday (payday) and I'm worried that something will happen.

A question for you first, Flower.....when you say your plan changed last Friday, I'm assuming that the new plan is not yet confirmed, correct?

If the new plan isn't confirmed, then the old plan is still in place and your car lender is still expecting your trustee to pay them. Lenders take payment whenever the trustee wants to send it, so they aren't going to try to lift the stay if no payment arrives. Check with your lawyer tomorrow (Monday) to get his/her opinion about this - it's an unusual change during an active 13.

Once you've checked with your lawyer, contact your car company to get the appropriate mailing address before sending them anything. Often the larger auto lender companies transfer the loan accounting to their bankruptcy division - a different address than what you were using before.

If, however, your new plan was confirmed with the judge's signature last Friday, then that could change things. Talk with your lawyer right away to find out what is the best way to proceed here.

Keep us posted about what you find out - good luck!

[flower04]

No, our plan has not been confirmed.

Our 341 is tomorrow, our plan will be confirmed the first week of October. Our attorney sees no problems at all. It was originally stated that our car payment would be paid through the plan payment and we double-paid our car payment to make sure that if the trustee payment was late, we would still be covered. Then, after we finalized the plan with our attorney, they decided to pay the car outside the plan, pending what the trustee says tomorrow at the 341.

I hope this makes sense! Our loan is still through American Honda Finance. We can still access our online accounts/statements.