How late can you be on your payment to the trustee for ch 13 before they can dismiss your bankruptcy? 17 Answers as of December 20, 2012

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

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Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
Assuming you do not have an attorney then just call the trustee and explain.
Answer Applies to: Arizona
Replied: 12/20/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That will not get you kicked out.
Answer Applies to: California
Replied: 12/20/2012
Dan Wilson Bankruptcy
Dan Wilson Bankruptcy | Dan Wilson
You should not have a problem. Call the Trustee's office and give them a heads up.
Answer Applies to: Colorado
Replied: 12/20/2012
Moffa & Bonacquisti, P.A.
Moffa & Bonacquisti, P.A. | John A. Moffa
In the Southern District of Florida, that would probably not be a problem.
Answer Applies to: Florida
Replied: 12/20/2012
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
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: 12/20/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Stay in touch with the trustee and let that office know what is going on.
    Answer Applies to: Florida
    Replied: 12/20/2012
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    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: 12/19/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    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: 12/19/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Discuss w/ your counsel, but you should be fine, but do not make it a habit.
    Answer Applies to: New Jersey
    Replied: 12/19/2012
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    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: 12/19/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    There should be no problem if your case is confirmed and you don't have a pending Motion to dismiss
    Answer Applies to: Florida
    Replied: 12/19/2012
    Law offices of John P. Brooke | John Brooke
    It depends on the trustee in your case but in the Eastern District of New York where I practice generally the trustee's won't make a motion to dismiss your bankruptcy until you are a few months behind. You may want to contact either your attorney, or if you filed pro se, the trustee and explain to him/her your situation. I would believe that since you have never been late before and you are well into the plan that the trustee probably isn't going to jump to dismiss right away.
    Answer Applies to: New York
    Replied: 12/19/2012
    Ken Love Law | Kenneth Love
    Depends on the trustee but usually an arrangement can be worked out
    Answer Applies to: North Carolina
    Replied: 12/19/2012
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    In Minnesota, the trustees will normally file a motion to dismiss when you are two months behind in payments. Once the motion is filed, you must get caught up by the hearing date or make some kind of arrangement with the trustee or file a modified plan in order to deal with the default, or the case can be dismissed.
    Answer Applies to: Minnesota
    Replied: 12/19/2012
    Moore Taylor & Thomas PA
    Moore Taylor & Thomas PA | Jane Downey
    2 months
    Answer Applies to: South Carolina
    Replied: 12/18/2012
    Richard L. Hirsh, P.C. | Richard L. Hirsh
    You will have no problem. Unless your payments are very high, the trustee is fairly lenient and 7-10 days late is not a problem at all.
    Answer Applies to: Illinois
    Replied: 12/18/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    One time late by 10 days should not pose a problem. Many times late and getting behind is the problem.
    Answer Applies to: California
    Replied: 12/18/2012
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