Frequently Asked Questions
No. The Trustee does not make payment arrangements and the Trustee does not have the authority to change the provisions of your confirmed plan. Only the judge can do that. Contact your attorney if you are not able to pay your plan payments as they come due. You must obtain a court order to change any of the provisions of your plan.
No. The Trustee does not make payment arrangements or enter into repayment plans.
If you receive a TMD, remember that calling the Trustee to state that you have mailed in the delinquent amount will not stop your case from being dismissed. Unless the full delinquent amount (and any payments which have come due in the interim) have been posted to your case within 15 days of the date the motion was mailed, your case will be dismissed.
The Trustee has no authority to let you miss a payment, make a payment late, allow you to pay less than your plan requires or change your payment date. Only the judge can make such decisions. When you expect that you will not be able to meet the obligations of your plan, you should contact your attorney immediately to ask the judge to change the requirements of your plan in order to accommodate your changed circumstances. Don’t wait until you are delinquent to take action.
If you receive a Trustee’s Motion to Dismiss, call your attorney immediately. Very often, your attorney can file the appropriate papers objecting to the motion to dismiss. You only have 15 days from the date the TMD was mailed during which to address the problem. Calling or writing to the Trustee does not stop the 15-day period from running, and remember, the Trustee cannot give legal advice.
I mailed the full amount of the delinquency on the “action date.” Will my case still be dismissed?
Probably. If the funds have not been posted to your case by the date the order of dismissal has been sent to the court, your case will be dismissed, even if the money comes in later. Calling the Trustee does not change the action date and will not buy you any additional time. Call your attorney as soon as you receive the Trustee’s Motion to Dismiss.