Chapt 13 Payemnt 5 days late/ motion to dissmis

[Carloscda]

I have to send the payment to Memphis then the trustee is notified I guess in Philly? With travel time it arrived 5 days late now the trustee wants to dismiss the case!

I can see if it was a month or two late but 5 days?! Is that right?!

[j0hn13]

That does seem a little extreme. I guess it depends on the trustee. Some are more strict than others. I fell behind on my payments ( which are high) over a year ago. I was nervous about this and contacted my lawyer. He didn't seem too concerned with it. He told me most trustees will want to dismiss a case if over 2 months behind payments.

I've been at least 30-45 days behind my scheduled payment date but my trustee has been flexible with this. Not once was I ever notified that my case would be dismissed. I'm at 100% payback and only 2 more payments to go!

What did your lawyer say?

[klandsb]

Read the thread I started titled payment lost. Another member gave me really good advise on how to send the pmts from now on ...

[Flamingo]

Now you see why trustees favor wage orders. Not only does it provide on time payments, it protects the filers from having late payments.

One of the things you don't want to do during a chapter 13 is have a late payment as you well found out. If you read the information provided to you as to your plan confirmation and plan payments, all that will be indicated in there and what can occur if you are sending in your payment and it is late. What you should have done is notified your attorney that your payment is going out late and it may get held up due to mail delivery (if you are cutting it close, send priority mail which gets there in two days). I am sure once you contact your attorney about this all will be fine but make sure you don't let this happen again as your trustee is already irritated.

[klandsb]

Hope this helps:

I am also in PA. What I do is go to the post office, get a money order ( they take debit cards so I do not have to go to the bank first), send it priority mail (which can be delivered to a PO box) with a delivery confirmation. With the delivery confirmation you log onto the USPS website and enter the tracking# and you can see when it was scanned at the receiving post office. The money oder is $1.50, my priority mail to TN is $4.95 and the delivery confirmation is $.70 but it is worth it to know for sure that it got there. Hope this helps.

[forgotten]

If your trustee takes personal checks using online bill pay is the way to go IMO. If for some reason the trustee doesn't get the payment you have a national bank to confirm it was mailed, date of mailing, check number, etc.

I can't imagine any judge granting a dismisal for non-payment with a reliable third party verification that the payment was made. Plus its free, no postage and no money order fees.

[justbroke]

I'm stuck. I've never read where a Trustee filed a Motion to Dismiss when it's the first time the Debtor "missed" a payment date. The only time I've seen this was for habitual tardiness in payments.

I have also seen some cases where the Trustee did this if you missed the "first" payment. Many Districts only Motion to Dismiss if you get behind 1 or 2 payments.

There is also something called "strict compliance" that you may be on if this is the first few months of your case. However, true "strict compliance" doesn't require a motion. The case can be dismissed without notice, so this reads like something else.

The reason why Trustee's aren't so quick to dismiss (unless you're habitual or behind more than a payment or two), is because they make money from you paying!

If this is your first occasion to miss a payment, and you are up to date at the time of the hearing, then you will be okay. If you're actually behind and paying late on top of that... expect to be dismissed. The Trustee's motion will usually include the amount that you're in arrears and the amount to be current. To be current, usually requires an additional payment by or on the hearing date, since another payment is usually due by the time the 15-21 days noticing period has passed and the hearing is held.

[Carloscda]

(I've been making payments since June, at the 341 meeting trustee said there's no set date. As long as the payment is in by the end of the month you're ok)

I posted this before, my 13 is being converted to 7, but in the mean time I'm still making the payments.

Yes, I mail the payments via money orders but I didn't get delivery confirmation. On my papers they only accept money orders.

I talked to my Attorney earlier, he said protocol was 2 months late as the norm before motion to dismiss is filled. This trustee is an ass!

I'm back on schedule to send a payment out tomorrow but Attorney said to hold off until the end of the week. I guess for the conversion?

[justbroke]

I'm back on schedule to send a payment out tomorrow but Attorney said to hold off until the end of the week. I guess for the conversion?

You'd have to ask your attorney why to hold off. I won't pretend to know his strategy.

Are you paying monthly (and late) while the Trustee is expecting bi-weekly payments?

[Carloscda]

Octobers payment was due at the end of October which was on a Saturday. The payment was mailed out & received I guess a week later?

Novembers payment is due by the end of Nov.
I was mailing out just to make sure it's there on time, in which I usually do.

[justbroke]

Well, your attorney should be able to deal with this one time event. Especially if you're up to date now.