converting to a ch 7 from a ch 13 under old law

[meme]

Did your ch 13 payments come out of your check or did you mail them? Mine comes out so i have to wait for the courts to send the order. It took them 2 months to start it, i hope it doesn't take that long to stop them!

[Jman30]

Did your ch 13 payments come out of your check or did you mail them? Mine comes out so i have to wait for the courts to send the order. It took them 2 months to start it, i hope it doesn't take that long to stop them!

Bad news here. It will take them that long to stop them. My attorney advised me that approximately 3 months before the end of my Chapter 13 to petition the court to stop the paycheck garnishment. That way, when I actually end the 13, my garnishment should end as well.

[meme]

when you did the petition did it get approved? My former atty told me the only way i could do it was garnishment.

[Jman30]

when you did the petition did it get approved? My former atty told me the only way i could do it was garnishment.

Well, I am still in a Chapter 13 currently. But my attorney said it takes the court 2-3 months to get the order to my employer to STOP the payments once my Chapter 13 is completed.

So he suggested that 3 months PRIOR to my completing the 13, we petition the court to stop the garnishment and let me pay via check the last few months. As long as your payment history has been perfect, he said it would not be a problem. By the time the court received it and actually approved it and set it to my employer, my 13 would be over.

Make sense?

[onepowerfullady]

I think it depends on the employer Meme. My husband's order was started immediately even before we had our meeting. I think that the week after we filed the order got put through to the company and they started taking his check. The trustee sent an order to my husband's employer telling them to up the amount withheld every month...instead the company interpreted it as cease and desist all payments to the court. That took place in a matter of 2 weeks. It went all down hill from there. I think that it's better to let them get your money and they maybe you'll have to consider working a 2nd job to keep a little extra change in your pocket.

The repo man is getting my car this evening. I guess we are going to have to think about renting a car until this is all over. I gotta have a way to go to work. My husband stays outta town a whole lot.

Good luck Meme