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Does the Trustee set the date for payments of the 13 plan? Due date of first payment based on original or amended plan?

Atlanta, GA |

I filed an original 13 payment plan appx. 30 days ago and filed first and second amended plans less than two weeks ago. When will my first payment be due? Thirty days from the original filing date of thirty days from the last amended plan. Note my plan is pre-confirmation.

Attorney Answers 4


  1. The way you asked the question makes it clear that yuou have made the usually catastrophic mistake of proceeding pro se. Rethink that! It is difficult to get an optimal plan confirmed even with experienced lawyers and it can be equally difficult to avoid a plan falling apart after confirmation without good legal advice.

    The fact that you filed a plan without even knowing when to pay, and that you have filed three plans in 30 days tells us that your case already has problems. You NEED counsel. Get it immediately.

    Your first payments should already be in the Trustee's office. They were due on your first payday after filing your case. Depending on whether you are paid weekly, bi-weekly or monthly, you either owe one, two or even as many as four payments. In the Northern District of Georgia, unless you are not employed, those payments MUST be by payroll deduction, and the day you filed you should have filed to request a payroll deduction order.

    Again, get counsel ASAP (and before any hearings!)

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. The first payment needs to be in the Trustee's hands within 30 days of FILING your case. So you are already going to have a problem. You need an attorney, and be prepared to pay more than you would have from the beginning. It takes a lot more time to undo your errors and fix them than it would have to file your case right in the first place.


  3. Your first payment is due within 30 days of filing your case. Every payment thereafter is due each month based on the date of filing. If you amend, the next payment changes to the new payment, but the deadline never changes. GET HELP.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.


  4. Chapter 13 payments begin when the case is filed. If the plan says weekly, it is due 7 days after you file. If biweekly, 14 days after and every 14 days after that, not twice a month. If once a month, on the same day of the next month. If you have a mortgage, you should also be paying it directly beginning with the first payment which comes due after you file. If you filed this case yourself, most bankruptcy attorneys can take it over at no cost, adding their fees to the plan. However, you only have a small amount of time to fix problems before they doom your case. Call someone today.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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