falling behind

[michaela]

I fell behind 2 months behind on my trustee paymentsbecause I recieved a letter from my town that our mortgage company never paid our taxes in 2008. So
because the letter threatened to sell our property we paid the 6900. Is there anyway my attorney could petition the trustee to put two payments on the end
of our bankruptcy??? I live in suffolk county new york

[knitty]

I hope you told your attorney about this prior to making that payment? My understanding is that the trustee payment comes first...and wouldn't the town have to petition to lift the automatic stay prior to taking any action? Talk to your attorney asap; he's in a difficult position now, but, depending on your district/trustee, yes, anything is "possible". Good luck

[LadyInTheRed]

I agree with knitty: talk to your attorney right away.

Nobody should ever make a decision to prioritize anything over the plan payment before talking to their attorney. This advice comes too late for michaela, but I want to make the point very clear for others who may encounter a similar situation. It's easier for an attorney to help you before doing something you can't undo.

ETA: Michaela, are you in a plan that is less than 60 months? If so, it may be possible to modify your plan to lengthen it so you can make up the missed payments. If your plan is already 60 months, it can't go longer. I have heard of people being allowed to pay a balloon at the end of 60 months. But, you'd have to be sure to have the cash ready when it is time to pay up. Your attorney should know what your options are.

[mike14]

Attorney worked with Trustee to modify Plan

We are in BK 13 due to high medical expenses and used CC's to survive for way too long prior to filing. After Confirmation, and Approximately 18 months into a 60 month plan, we had missed 2 Trustee payments and 1 was sent to the old Trustee instead of the new Trustee by mistake. So we got a letter from the New Trustee stating that we were to be discharged. The missed payments were #3 and #11 and the third payment finally got to the new Trustee, where our case had been transferred. Our attorney worked with them and resubmitted all our income and expense data to him. The Trustee said that we could basically "forget" the missed payments providing that we didn't miss any more.....ever....with the new calculations being only $20 more on a $5,000 payment for the balance of the 60 months. We had absolutely no way to come up with the $10,000 deficit so it felt like Christmas when we were told that they would not dismiss the case and the deficit would be let go providing no more payments were missed. Our attorney said that even missing one payment would result in immediate dismissal, but we are so grateful for the reprieve that I will take a second job if I have to . We just passed the 2 year mark and can hopefully see this thing through.

So, I would definitely get your attorney to work with the Trustee to see what can be worked out. If there is a good reason for missing payments, he might be able to just modify the Percentage of payback to the creditors, like ours did, to accommodate the missed payments.

[michaela]

Thanks everyone I should have spoken to my attorney before paying. This was never included in the bankruptcy when I started 2 years ago. My attorney always gives me an attitude everytime i call. I am so worried hoping the trustee works with us.

[knitty]

Hope this works out for you, keep us posted.