my chapter 13 I made payments on credit card was not suppose to am I in trouble with court what should I do
Rockvale, TN
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Posted 10 months ago in Bankruptcy / Chapter 13
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I filed chapter 13 and I kept making payments on credit card, my daughter advised me to stop making the payments it was in violation of court order. I sent letter to the credit union where the credit card balance is and requested the charges for the interest on those payments be transferred to the balance since they legally could not charge interest per court order but they have not responded. What recourse do I have and do I need to call the court and explain all of this to them, what will the court do to me
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Answers (1)Craig Dennison Robins
This attorney is licensed in Florida and 2 other states.
Posted 10 months ago.
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The entire purpose of Chapter 13 is to use the Chapter 13 plan to resolve ALL debts that existed up through the date you filed your petition.
You didn't mention whether you had an attorney or not. I assume you do as Chapter 13 is so complex that it would be exceptionally difficult for an individual to handle it without the assistance of qualified bankruptcy counsel. Assuming you do have an attorney, you should advise him or her of this right away. That being said, you are not supposed to pay your creditors directly. However, the fact is that you made the payments voluntarily, and your creditors did not do anything wrong by accepting them. If the amounts involved are nominal, I would just write this off. To get involved legally to try to undo the payments would probably be much more involved and costly than would by worthwhile. You would not notify the court about this. Also, since you are in an active bankruptcy, creditors would not want to respond to your letters since you probably have an attorney representing you, and also because they don't want to be accused of violating the stay. |