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Trustee payments to creditors ALOT lower than what I pay monthly

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    Trustee payments to creditors ALOT lower than what I pay monthly

    I checked the chapter 13 data website and seen that the trustee is only paying $220 for the past 2 months to my home arrearage, her fees and nothing more. I am paying $1336 a month into the plan, so why isn't she sending in more to my last secured debtor or using more of my payment? I also have $1900 in my balance on hand that is just sitting there not being disbursed. I sent an email to the attorney but just wanted to see if anyone has experienced this in their chapter 13. Thanks for any input!
    chugging through my 13 like a good little tank engine

    #2
    You don't need to stress over whatever your trustee is doing. Your creditors - including the secured ones - have to take whatever your trustee sends them in any amount at any time. Often trustees don't send the same amounts to the same creditosr every month. A few trustees may even skip sending a payment to a creditor for a month or more. There's nothing the creditor can do about it because it's the trustee making the disbursements. Creditors being paid by the trustee take what they get whenever they get it.

    By the end of your plan, all $$ will be paid to your secured and unsecured creditors as your confirmed plan details. It's a far better use of your energy to work on your budget or on other things you can control - you can't control the trustee and how he/she pays your creditors and when.
    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

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      #3
      In the start of our plan, the only things being paid by the trustee was our attorney fees and his salary percentage. It wasn't until the attorney had a zero balance did any of the creditors receive anything. And there is not rhyme or reason to whom he is paying, when, or how much from that list. I've heard other people's balance's remaining relatively high until towards the end of the plan.
      CH13 filed 5/21/09; 341 6/17/09; confirmed 7/14/09]
      Discharged: 7/25/12

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        #4
        Thanks for the info, I really appreciate it! My attorney had to basically file a motion with the court even to get the trustee to pay his fees 5 months after I was confirmed(filed in August '10 and confirmed in November '10). She has paid off the truck and we own the title on that free and clear now but I thought it would be the same on the home. Assuming has gotten me nowhere If she only pays $180 to the home arrearage, it will be a year until that is paid off, which is frustrating.
        chugging through my 13 like a good little tank engine

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          #5
          Keep your eye on the big picture, not the day by day details, you'll drive yourself crazy! Focus on finishing the plan, not where every penny is going when. Finishing is the important thing.
          Any information posted by me is for general informational purposes only. While I am an attorney, I am not YOUR attorney and any information I provide is not legal advice.

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            #6
            You're better off having the money in the trustee's account rather than paid out to creditors.
            That way if there are changes to claims, new claims (i.e. tax claims) there is money to pay them.
            If your plan gets dismissed in theory you should get the money back that hasn't been sent to creditors, I believe.
            filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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              #7
              Originally posted by catleg View Post
              If your plan gets dismissed in theory you should get the money back that hasn't been sent to creditors, I believe.
              That is only if it is dismissed before confirmation. After confirmation the trustee will still distribute all funds received up until the day the case was dismissed.
              Filed CH13 - 06/2009
              Confirmed - 01/2010

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                #8
                Thank you for the correction.
                filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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