Weekly vs. Monthly Payments

[juliusrosen]

I apologize in advance for asking things that without a doubt have been covered.
I've been using the search function and finding out some great info here - thanks,

So, I've been set up on a weekly plan to be deducted from my paycheck.
The lawyer who I consulted with says he does Chapter 7s not really 13s those people weren't in
on Saturdays but I'm taking it for granted he knows the basics to get it going.

Some questions - he set me up on a weekly plan deducted from my paycheck. What determines weekly vs. monthly etc?
I'm probably below median income so it's not all that much. I'd rather have monthly - can I discuss changing it with him? I mean I know I can but just wondering what determines this, is it just at his discretion?

Also he says it must be taken out from my paycheck, he says the Trustee won't accept anything else. I looked at the Trustee's website and he has a link to 'online payments for Ch 13' an ACH type thing I guess. I'm just wondering, for me I'd rather do that of course than inform my employer. If you get laid off, you're going to have to make payments personally to the Trustee anyway so I don't see why I can't do this. Anyway attorney that I ain't, I'm feeling I can make a deal more to my liking than has been presented, or not.

Thanks!

[despritfreya]

What determines weekly vs. monthly etc?

Your pay period. Chapter 13 Plans usually (but not always) talk in terms of monthly payments but if you are paid on a weekly basis, to make the full payment in that month you typically would have a weekly wage assignment. Folks who are paid bi weekly will have a bi weekly wage assignment and those who are paid twice a month will have a twice a month wage assignment.

I'd rather have monthly - can I discuss changing it with him?

Of course. If you can afford to have the entire Plan payment taken from one paycheck then ask. Cloak it in terms of the money coming out of the 1st paycheck of each month that way there will be no confusion for the months in which you get an extra check.

Also he says it must be taken out from my paycheck, he says the Trustee won't accept anything else. I looked at the Trustee's website and he has a link to 'online payments for Ch 13'

You opened by indicating that his attny was not well versed in 13s. The online option is a relatively new concept in the Chapter 13 Trustee Program so maybe he was not aware of it. You can contact your Trustee and inquire or wait until you speak to an attny at the Firm who handles Chapter 13s.

Des.

[kmjatl]

My first plan was rejected because (in the words of the trustee) "payments should be made by payroll deduction"

My response: "What section of the BK code requires that?"

I've been making payments on my own ever since...