top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

First payment to trustee, does it needs to be certified?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    First payment to trustee, does it needs to be certified?

    I plan to send my first payment to the trustee early next week. Now, is it a good idea to send the payment via certified mail with confirm receipt? Will this be an advantage or disadvantage as seen by trustee? My 341 is not until mid-Dec. I apreciate any thoughts and thanks in advance.

    #2
    Originally posted by johnjan2009 View Post
    I plan to send my first payment to the trustee early next week. Now, is it a good idea to send the payment via certified mail with confirm receipt? Will this be an advantage or disadvantage as seen by trustee? My 341 is not until mid-Dec. I apreciate any thoughts and thanks in advance.
    Call the trustee and find out the least expensive way to send out the payment. There is no need to spend extra money on a certified mail with confirmation, unless you want the security of it not getting lost, etc. As long as you have the receipt from the money order, you will be fine.

    Also, find out if you have a grace period for you payments. I found out today, that I had a 15 day grace period, and it does make a small difference for me.

    good luck.

    Comment


      #3
      We were an Asset Ch7, and bought back our property from the BK Estate. The first couple of payments by money order to the trustee were not certified. But when I carried the third payment to the post office to mail, and I saw that the glue on the envelope was failing and the envelope was half open. As soon as I got in the lobby, that envelope got taped every which way, and certified with return receipt. Yes, it costs about 6 dollars extra, but the peace of mind that washes over you when that signed, green card arrives back in your box is priceless.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


        #4
        If your trustee allows you to use personal checks for your payment (some don't), another safe way to send your payment is to use your bank's BillPay feature. Doesn't cost anything and if there ever is an issue, you have an independent third party (your bank) who can verify to the trustee that the payment was indeed sent on time.

        We've been sending our Ch 13 payment this way for years now and have never had a single problem. You can control the payment and when it's sent every month or set up the BillPay to send the check automatically on the day of the month you select. Works like a charm!
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          I took my 1st payment to my 341 meeting after that I popped it (money order/cashiers check) in the mail with a regular stamp... most payments are sent to a PO box.. and asking for a signature may delay payment being logged and forwarded to the trustee... Now the trustee garnishes my wages hate that my very small office now knows my business..
          Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....

          Comment


            #6
            Originally posted by enginegirl View Post
            ... most payments are sent to a PO box.. and asking for a signature may delay payment being logged and forwarded to the trustee...
            Somebody did post here several months ago about their payment being delayed because of the need for a signature on the certified mail.
            LadyInTheRed is in the black!
            Filed Chap 13 April 2010. Discharged May 2015.
            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

            Comment


              #7
              thanks guys... My understanding is certified mail is only meant for you to be able to track at usps that mail did got delivered.. Signature receipt is extra(cost more too)... I think I'm considering certified mail.. Anyone else think I should just send is as regular mail? I just worry about thanksgiving holiday which may cause inadvertent delay for mails..

              Comment


                #8
                What about Certified with Delivery Confirmation? Certified to prove when you sent it, and the Delivery as confirmation when it got there? Just a thought.
                Chapter 13 Filed: 2/7/07 Confirmed: 5/1/07 Discharged: 3/2/2012 Closed: 6/2/2012
                130 out of 130 bi-weekly payments DONE
                100% Completed

                Comment


                  #9
                  Our Trustee won't take anything except a money order or certified check. Wire transfer, the quickest and safest way to pay, is a no no. She won't even accept a bank draft, which the bank won't pay unless you have the money. They won't accept a personal check. You have to pay for a money order or certified check. Sometimes I swear the trustees are paid by the CC companies to make it as difficult and archaic as they can to see if the process can trip you up and get it all dismissed.
                  Filed 09/08/10, $26k unsecured. Plan submitted 09/16/10, $250/mo X 36 Months = $9,000.
                  First Payment: 09/28/10 341 Hearing: 10/12/10, Confirmation: 10/28/10
                  2nd debtor education course taken: 02/05/13. DISCHARGE: 10/10/2013.

                  Comment


                    #10
                    guys, my atty called me last week and told me that it is ok just to bring the cashiers check/ money order at my 341 which will be Dec 18. Now, my chp13 was filed Nov 1st and that is beyond 30days which I thought the deadline for 1st payment. I explicitly told my atty about this and he told me not to worry and just bring check to 341. Anyone has thoughts on this? I'm in a panic since 30days will be on Dec 1st so please help!!!

                    Comment


                      #11
                      I personally feel if you are that worried to go to the USPS and get a Postal Money Order and have it sent with delivery confirmation - does not need to be Certified/Signed -- just have the person at the counter show you the easiest/cheapest way to send it with proof. Then you will have both the money order receipt and delivery confirmation receipt you can bring in with you to the 341. I do not think this is something you should stress over though.
                      Chapter 13 Filed November 10, 2010 Indiana - Southern District - United States Seventh Circuit
                      Attended 341 hearing 12/15/2010

                      Comment


                        #12
                        Originally posted by FishersMike View Post
                        I personally feel if you are that worried to go to the USPS and get a Postal Money Order and have it sent with delivery confirmation - does not need to be Certified/Signed -- just have the person at the counter show you the easiest/cheapest way to send it with proof. Then you will have both the money order receipt and delivery confirmation receipt you can bring in with you to the 341. I do not think this is something you should stress over though.
                        So, FishersMike, are you saying send the first payment now(maybe expedite) in order to make it to the 30day window? Or follow my atty latest advise to bring it with me during 341?

                        Comment


                          #13
                          Your trustee may not accept your payment at the 341 - this is something that you should check on (call the Trustee's office). Reason for this is because payments are not supposed to go directly to the Trustee (Bk Law) and goes to a PO Box first in most instances, where its recorded and the trustee notified.

                          I think you should've done what your paperwork stated - which was to mail the payment. Generally for us at least - it takes on average about 10 business days from the time payroll sends the check to the PO Box - until the payment is recorded by the trustee on 13DataCenter.

                          Comment


                            #14
                            I work at the post office. you would still need a signature with a certified. If you just do delivery confirmation it will tell you when the receive it.

                            Comment


                              #15
                              Originally posted by johnjan2009 View Post
                              So, FishersMike, are you saying send the first payment now(maybe expedite) in order to make it to the 30day window? Or follow my atty latest advise to bring it with me during 341?
                              Yes I would send payment now with just delivery confirmation. I would not personally use anything more than priority mail as since it is a PO BOX they will get it really quickly anyway. I would not send certified. And I would (like Pandora suggested) not bring payment to Trustee at the 341 hearing in case they cannot accept it. Having proof of delivery confirmation AND proof of a US Postal Money Order would be plenty to bring in with you to your 341 hearing.... my 2cents again.
                              Chapter 13 Filed November 10, 2010 Indiana - Southern District - United States Seventh Circuit
                              Attended 341 hearing 12/15/2010

                              Comment

                              bottom Ad Widget

                              Collapse
                              Working...
                              X