Chapter 13 Payments

[cc8225]

I am filing for BK on Dec 1, 2009. When do the payments start, after the 341? what if you have objections do you pay into the plan while you litigate the objections?

Thanks

[forgotten]

Your first payment is due 30 days after you file.

You pay the amount you submitted in your original plan and continue to pay that amount until you submit a new plan to resolve objections (if needed).

[walkthaplank]

You'll have to check with your lawyer about your district, but you generally pay the first payment at the 341. We had some people who mailed theirs to the trustee, the lawyer and the debtor got chewed out (more so the lawyer). She told them if they hadn't had a record of receiving the payment they would have given them until noon to come up with the payment or have their case dismissed.

[woeisme]

My 341 was 2.5 months after filing, I would have had my case DISMISSED at the 341 if I had waited to pay my 1st payment until then. I had made 2 payments before the 341, and it was one of the 1st things they checked, if I had made my payments on time already.

[forgotten]

My trustee clearly says payments will not be accepted under any circumstance at any court appearance or hearing. They can only be mailed to the address given.

I had made 3 payments before I had my 341.

[cc8225]

Thanks, I will check with my lawyer i am in Md

[jwmc1]

According to the NOLO book, the first payment is due within 30 days after filing

[lrprn]

According to the NOLO book, the first payment is due within 30 days after filing

This is correct, and the bk law clearly states this. There's no doubt about it. The only variance is how you make the first payment.

If your trustee is one that only takes payroll deduction, often it takes more than a month to get the payments set up with your HR or accounting department. In that case, you absolutely must make your payment yourself and be certain that the check is sent so it arrives on time.

Your lawyer can guide you about how this works in your local court and with your local trustee.

[walkthaplank]

Our 341 (both times) were about 35 days after filing. I guess that would explain the difference in how and when we make our first payment in this district.

[justbroke]

As mentioned numerous times, the process varies by District. The 30-day thing seems to vary too. In my District, the first payment is due "within" 30-days of filing the Chapter 13 Plan. Since the plan is usually filed with the petition, you usually have a first payment scheduled within 30-days of that.

I say "within" because my District has only 2 pay dates per month. That's the 14th and the 28th. You can time your petition and/or Chapter 13 plan such that you get almost 45 days before the first payment is due under the Plan.

Some Trustees want the first payment at the 341 Meeting. Some Districts require that your attorney escrow the payments until confirmation. Too many rules to be specific, so the correct answer is... consult your attorney or Trustee.

[klandsb]

So if the trustee changes your pmt amt before the 341 do you pay what you submitted or do you pay what the trustee came up with ???? I sent in the original plan amount I submitted . Low & behold a few days later I get the trustees pmt amount ??
So now I am short and getting paid tonight at midnight. Waiting to see if my wages have been attached yet or not ?? If not do I have to send the difference??

[justbroke]

I forgot if you filed pro se or not. Until your plan is modified, you pay the plan amount. The only time a Trustee can "change" the plan amount that I nkow of is post confirmation. Now they can suggest to your attorney that you change the plan payment amount(s) and file a Motion to Modify or an Objection to Confirmation if you don't.

Otherwise, I don't see where the Trustee has any authority, pre-confirmation, to unilaterally change a plan payment. Post-confirmation, Trustee's usually derive this authority to modify plan payments, by a provision in the confirmation order. Even then, they need to do so with adequate notice to the Debtor.

[klandsb]

Justbroke... I did not file PRO-SE ... So you think I should be ok by only sending in the original plan amount my attorney filed ??? I have my fingers crossed you are going to say YES ...please ... I have taxes & homeowners insurance due and would love to get them taken care of ....
Like I said before they truly put the wage attachement order thru fast.. Not that I care that my wages will be attached, but I would like the final verdict on my pmt amt before they do that ...

[justbroke]

Justbroke... I did not file PRO-SE ... So you think I should be ok by only sending in the original plan amount my attorney filed ??? I have my fingers crossed you are going to say YES ...please

I'm not going to say yes, because these Trustees and local rules vary by District. I wish that your attorney was more... available to answer this question for you. I don't see how they can just change the payment amount. However, I wouldn't put it past some of the Trustees and the Districts.

I was just voicing my opinion on the matter.