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Bankruptcy Chapter 13: Failure to make first payment to Trustee, and Nerves

After a Chapter 13 case is filed with the U.S. Bankrutpcy courts then a Chapter 13 Trustee is assigned the case. The Debtor is due the 1st payment to Trustee within 30 days of filing date. If Debtor fails to make the first payment...

 
PRLog - Jul. 16, 2010 - After a Chapter 13 case is filed with the U.S. Bankrutpcy courts then a Chapter 13 Trustee is assigned the case. The Debtor is due the 1st payment to Trustee within 30 days of filing date. If Debtor fails to make the first payment then the Chapter 13 Trustee will file 3 day Notice of Intent to Dismiss (NOI). The Chapter 13 Trustee also schedules the §341 meeting of creditor within 30 days of filing date. At the Debtor’s signing appoinment they are provided with document stating when 1st payment is due and then is also reminded via letter from office of Debtors’ Attorney when being notice of §341 meeting.

However, some cases just can’t get the funds together to pay the first payment on time, then case is dismissed. Chapter 13 Debtor still has options. The debtor can opt to have case reinstated and pay any amount due to the Trustee by hearing. The second option is to file new Chapter 13 case. The second options can be costly and will require an additional hearing the debtor(s) must attend.

It is crucial that Chapter 13 cases make their first payment to the Chapter 13 Trustee. This set a Good Faith standing with the Trustee office that the Debtor wants to succeed in the Chapter 13. Under New Reform law, all Chapter 13 case must be placed under Wage Order directive after the first payment is made. The Chapter 13 Trustee will require the Debtor(s) to complete this form at §341 meeting of creditors, if not already completed. This is more efficient way to assure higher chances of completing successful Chapter 13 case and reciept of discharge order.

When coming in to a Bring Back Appointment most clients feel nervous and confused. This is a normal feeling that is normally expressed to me during appointments and the realization that others are with you on this trying times and that we are helping get the process started. This is the road to recovery, and realizing that makes a lot of the nerves go away. Well that and taking deep, calm, cool, and collected breaths. Bankruptcy is no laughing matter yet some humor can lighten the blow on anything. I always like to think that “When in doubt just ask.” It seems to help clients who think that asking a question will come across as stupid or make them feel worse, but it does not becasue it never hurts to ask.

For more information visit http://www.bankrupcy-alternative.com/medical-bills.html or call us directly. Here is another bankruptcy article http://www.prlog.org/10800295-bankruptcy-credit-counselin... and here is another http://www.prlog.org/10798108-bankruptcy-tax-returns-and-... for your reading enjoyment.

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