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

Asked over 2 years ago - 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. Glen Edward Ashman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  2. Robert M. Gardner Jr.

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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... more
  3. Mitchell Paul Goldstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.... more
  4. Alan D. Walton

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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.

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