Will my case be automatically dismissed if I am unable to make the first chapter 13 payment within 30 days? 17 Answers as of August 20, 2013

I have filed chapter 13 and first payment is due by this Friday. I have been on leave from work but returned and will not receive a paycheck by then. I can make the payments for the repayment plan including the first one but it would be several days late. I would like some information about options and whether due to temporary hardship, they will allow the first payment to be made later than 30 days. I am atty rep but am terrified to tell them I might not be able to make this payment on time. I can't pay to re-file, can't convert to 7 due to previous bankruptcy and need the automatic stay to prevent vehicle repossession and eviction.

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Talk to your atty. He's gonna find out from the trustee anyway. I'd be upset if I had to find out from the trustee. It will not be "automatically" dismissed at the end of 30 days.
Answer Applies to: New York
Replied: 8/20/2013
Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
You paid your attorney to give you this sort of advice. You should talk to them. The fact is that the Trustee will not even notice if the payment is a few days late so long as they receive it. The Trustee will begin to have a problem if they notice you are 2 full payments behind. Pay as soon as you can.
Answer Applies to: Colorado
Replied: 8/20/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Generally, failure to pay is cause for dismissal. You need to talk to someone (a lawyer) locally to see what your options are. Every court is different.
Answer Applies to: California
Replied: 8/20/2013
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
Call your attorney and he or she will most likely assure you that in most cases being a few days late is not death to your case.
Answer Applies to: Wisconsin
Replied: 8/20/2013
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
Your case won't be automatically dismissed. However you will need to make up the payment.
Answer Applies to: Nevada
Replied: 8/20/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    You should not be that scared of your attorney. We are people too. Depending on the trustee, they will generally work with you when a situation like this comes up.
    Answer Applies to: Michigan
    Replied: 8/20/2013
    Law Office of Todd Whiteley
    Law Office of Todd Whiteley | Todd Whiteley
    In the Eastern District of California, the chapter 13 trustee I practice in front of will usually file a notice of default and action to dismiss the case and give 30 days from the date of the notice filing to bring the chapter 13 payments current. This usually gives a debtor 45-60 days from the original due date before the case is dismissed. But if you can't make your first payment in the chapter 13 plan, this indicates that your plan is not feasible or that there is some other "thing" consuming your income. Ultimately, your plan payments must be brought current or the chapter 13 plan amended and confirmed. If neither of these happens, the case will dismiss and your vehicle will be subject to repossession.
    Answer Applies to: California
    Replied: 8/20/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The Chapter 13 Trustee will dismiss your case if you don't make your first payment by the initial confirmation date. So you have a little bit of extra time, but probably not too much.
    Answer Applies to: Nevada
    Replied: 8/20/2013
    Law Office of Thomas C. Phipps | Thomas C Phipps
    Not necessarily. By the time the trustee files a motion to dismiss, you may be current on the payments.
    Answer Applies to: Missouri
    Replied: 8/20/2013
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Better late than never. A few days of lateness is risky but not likely to result in an immediate dismissal. You should make the payment as soon as possible. At the hearing, the Trustee is likely to either ask you whether you made the payment or ask what happened with the payment since it will not be seen in their records. I would explain the situation and let them know the exact date when they can expect the payment. Most Trustees, if the payment will be made within a week or two of the deadline, will accommodate you at least once based on these circumstances.
    Answer Applies to: California
    Replied: 8/20/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Your attorney is the best one to advise you. Practices can vary significantly from one jurisdiction to another. Your lawyer should know what your trustee's policies and practices are.
    Answer Applies to: Colorado
    Replied: 8/20/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Speak to your counsel, never be afraid to tell them the truth.
    Answer Applies to: New Jersey
    Replied: 8/20/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    No, the Court won't dismiss your case if you don't make the first payment on time. You just have to make sure that you are current on your payments by the time of the confirmation hearing.
    Answer Applies to: Oregon
    Replied: 8/20/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You would have to ask the trustee if he/she will accept it late.
    Answer Applies to: New York
    Replied: 8/20/2013
    Danville Law Group | Scott Jordan
    Why are you terrified to tell your attorney what it going with you? That is your attorney's job and we cannot represent you competently without having all of the information. So, go ahead and call you attorney and let them work with the Trustee.
    Answer Applies to: California
    Replied: 8/20/2013
    Law Offices of Patrick Edaburn | Patrick Edaburn
    First off you should tell your attorney. They need to know what is going on to properly take care of your needs. Second, if the payment is just a few days late it probably won't matter. The trustee gets thousands of payments each month and it takes time to process them, so if you get the payment in within a few days then you should be fine. But never keep information from your attorney, they are there to help.
    Answer Applies to: California
    Replied: 8/20/2013
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    It matters when your hearing is.
    Answer Applies to: Florida
    Replied: 8/20/2013
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