Ch 13 Questions

[johnson207]

1) With trustee approval, we did not make a payment last July(car issues). Does the payment just get moved to the end of the process?

2) We have had several issues with our attorney. Has anyone changed attorneys during Chapter 13? If so, what was your experience? Our attorney is horrible when it comes to responding to our questions, amongst other issues with him. It is incredibly frustrating. 

Thanks

[TRC_WA]

1)  Yes.  I skipped a couple payments myself while moving cross country for a new job.  It was tacked on to the end of the payment plan.

2)  I didn't.  I made sure my attorney was reputable and not a "BR mill."  Maybe someone else can chime in.

If you have any other questions let me know.

[johnson207]

Thanks. He is definitely not part of a mill. I think he has had this practice for some time, but he is more of a challenge to work with than I expected.

[TRC_WA]

Good luck finding someone easier to work with.

Regarding the payments... don't forget you can also pay off early after you've been in the plan for 3+ years.  That's what I did in Feb 2013... I sent a $1900 payoff to finish the plan a year early.

[johnson207]

Finishing the plan early is not a given, right? The trustee has to accept it? Did you need to work with your attorney to petition for an early payout?

[TRC_WA]

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@johnson207 wrote:

Finishing the plan early is not a given, right? The trustee has to accept it? Did you need to work with your attorney to petition for an early payout?

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Not sure about it requiring trustee approval.

All I did was call my attorney's office and requested a payoff quote... they contacted the trustee and called me back a few hours later.  I sent a certified check the next day.

[Its_Me]

My trustee had a website that had a FAQ section that included something about early payoff. I emailed the trustee's office directly to find out the process and then notified my attorney that I was paying off early. I paid off a little over $4000 6 months early and I am so glad we were able to make it happen. We did not have to submit a petition - just sent a cashier's check with a letter of explanation on where the funds came from. I believe there are differences in how each trustee's office handles these things.