How late can you be on your payment to the trustee for ch 13 before they can dismiss your bankruptcy? - Bankruptcy Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


How late can you be on your payment to the trustee for ch 13 before they can dismiss your bankruptcy?

I will be 7-10 days late this month. First time and I'm halfway through a 60 month plan.

Answer By Diane L. Drain
Law Office of D.L. Drain, P.A.
Contact this Attorney Now

Assuming you do not have an attorney then just call the trustee and explain.

Answer Applies to: Arizona
Replied: 12/19/2012

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
Contact this Attorney Now

That will not get you kicked out.

Answer Applies to: California
Replied: 12/19/2012

Answer By Dan Wilson
Dan Wilson Bankruptcy
Contact this Attorney Now

You should not have a problem. Call the Trustee's office and give them a heads up.

Answer Applies to: Colorado
Replied: 12/19/2012

Answer By John A. Moffa
Moffa & Bonacquisti, P.A.
Contact this Attorney Now

In the Southern District of Florida, that would probably not be a problem.

Answer Applies to: Florida
Replied: 12/19/2012

Law Office of Lynnmarie A. Johnson
Contact this Attorney Now

You should be fine but make sure you notify the trustee's office if they are taking the money out of your account so that you don't get a bounced check fee. Once that happens a couple of times and they put you on a plan where you have to send in money orders! Please note new address, phones & fax numbers.

Answer Applies to: Michigan
Replied: 12/19/2012

R. Jason de Groot, P.A
Contact this Attorney Now

Stay in touch with the trustee and let that office know what is going on.

Answer Applies to: Florida
Replied: 12/19/2012

Answer By Ken Parker
Kenneth A. Parker, P.C.
Contact this Attorney Now

The answer depends on your Chapter 13 Trustee and how often they audit their cases for delinquent payments. However, if this is your first time being late, you are probably fine as long as it doesn't happen again.

Answer Applies to: Georgia
Replied: 12/18/2012

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
Contact this Attorney Now

It is up to the trustee, but if they make a motion to dismiss you should oppose that motion and just say you made 1 late payment.

Answer Applies to: New York
Replied: 12/18/2012

Law Office of Stuart M. Nachbar, P.C.
Contact this Attorney Now

Discuss w/ your counsel, but you should be fine, but do not make it a habit.

Answer Applies to: New Jersey
Replied: 12/18/2012

Answer By Dorothy G Bunce
A Fresh Start
Contact this Attorney Now

You are cutting it very close to the bone. I usually expect a notice from the Trustee to dismiss the case when the payments are more than 15 days late. Remember, mailing time must be factored in and the post office is very busy and very slow this time of year. However, the Trustee must schedule a hearing before the Judge to dismiss your case and if you bring your payments current before that date, it is likely that the Trustee will withdraw the motion.

Answer Applies to: Nevada
Replied: 12/18/2012

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy