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You should check with your c 13 trustee. In general you can make a partial payment, but if the next payment is also a partial payment, or if you do not make up the difference, the trustee will file a motion to dismiss your case. It is always a good idea to let the trustee's office know your next payment will be short and why, and when you expect to get caught up.
If you will not be able to continue the c. 13 payments as set forth in the plan, you may be able to end your c. 13 early or convert to a c 7. Consult your bankruptcy lawyer.
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Why must the trustee of an irrevocable insurance trust make the premium payment?
As trustee that is their responsibility.As trustee that is their responsibility.As trustee that is their responsibility.As trustee that is their responsibility.
Can you purchase a house if you pay off your chapter 13 early and have permission from your Trustee?
If you pay off your Chapter 13 early and receive your discharge, you won't need permission from the trustee for anything. The case will be over and you can make whatever purchase you qualify for.
Can the trustee order a refinancning of first mortgage in chapter 13?
In my state the trustee can not order this but each State has a percentage of the equity in the home that may have to be used to pay creditors. You can tell the Trustee that you will refinance the loan if you need to after one year. You can Show them FHA Guidelines that state you must make your payments for one year on time before you can refinance or buy another home. You can do this even if you are still in a chapter 13. However your paments can not be more than your piti [ your payment, insurance, and taxes per month. pmi also it you have this ]. You can midigate this by getting an appraisal showing the trustee you do not have the equity in your home. Ask your attorney what the ratio is in your state concerning equity.
If you make partial payments can you still be foreclosed?
Typically yes, failure to make the payment required as specified in the mortgage note is usually written in as a default.
How long does it take for a trustee to refund your tax refund after filing chapter 7 bankruptcy?
The tax refund goes into the bankruptcy estate. If your chapter 7 filing did not exempt the refund, the money will be used to pay the trustee and to pay your debts pro rata. That is, each creditor gets an amount equal to the percentage the debt is to the total indebtedness. You are not likely to get anything back, but if all the debts are paid off 100 per cent and the trustee is not entitled to any more money, the balance will be paid to you. The trustee should have decided what s/he is going to do. If you have a lawyer, s/he should discuss it with the trustee. You can also talk to the trustee or your case manager. I doubt you will get any of the refund, but make sure to stay on top of the issue and get notices of any trustee motions regarding these funds.
Why must the trustee of an irrevocable insurance trust make the premium payment?
As trustee that is their responsibility.As trustee that is their responsibility.As trustee that is their responsibility.As trustee that is their responsibility.
If you did not make your first monthly payment to the bankruptcy trustee what will happen?
In some cases the trustee will allow a thirty day grace period for the missed payment. Pertaining to a first installment immediate action to dismiss the 13 might be taken. It is for the most part at the discretion of the bankruptcy trustee, missing any payment is reason for dismissal with prejudice.
What does payment on account by a customer mean?
It means to make a partial of full payment without specifying an specific reason or invoice for the payment.
Can you purchase a house if you pay off your chapter 13 early and have permission from your Trustee?
If you pay off your Chapter 13 early and receive your discharge, you won't need permission from the trustee for anything. The case will be over and you can make whatever purchase you qualify for.
Can the trustee order a refinancning of first mortgage in chapter 13?
In my state the trustee can not order this but each State has a percentage of the equity in the home that may have to be used to pay creditors. You can tell the Trustee that you will refinance the loan if you need to after one year. You can Show them FHA Guidelines that state you must make your payments for one year on time before you can refinance or buy another home. You can do this even if you are still in a chapter 13. However your paments can not be more than your piti [ your payment, insurance, and taxes per month. pmi also it you have this ]. You can midigate this by getting an appraisal showing the trustee you do not have the equity in your home. Ask your attorney what the ratio is in your state concerning equity.
Can a title loan be deducted in chapter 13 bankruptcy I have a title loan on my car and am filing chapter 13 - but the trustee is objecting based on re Ransom?
Sure the trustee is objecting. Because you are making payments on your car, Ransom v. America Bank, means the amount of money you would be required to pay would be less than if you did not have a title loan. The trustee wants you to pay off the loan before you declare bankruptcy.Update: I have not been making the payments - I thought the chapter 13 would be making the payments when I send the trustee my monthly payment. I supposed the questions is: is a title loan considered a secured loan.I would check the lending company to make sure they are getting the payment. I would not assume anything. I simply read Ransom. I do not trust trustees. If you walk in and pay the loan with a piece of paper and get a written receipt and send that receipt to the trustee and keep a copy, there can be no doubt. That way your car can not be repossessed and the trustee can not stab you in the back by not paying your loan. Then when your car is repossessed, he can not take the money that you would have used to repay your loan and have you use it to pay your other creditors.
What are the types of files?
It depends on if its for an individual or business. For an individual there is Chapter 7 and 13. In chapter 7 you will basically repay your debt at a reasonable amount to a trustee over the course of 5 years. In Chapter 13 your assets, (home car) are safe as long as you make the payments to the trustee. In Chapter 7 basically every debt is wiped out (but you'll take a big hit on your credit score) and your assets are not safe. A trustee can order your assets (car,home) to be sold to pay off your creditors.
My fiance filed chapter 11 bankruptcy and now we want to get married can the court trustee demand more money?
Make sure that it was a chapter 11 and not a chapter 7 or a chapter 13. Many times there are no trustees in a chapter 11 and chapter 11 is almost always a larger business bankruptcy.
If you are in bankruptcy can you still purchase a new or used car?
If it is chapter 7 and has not been discharged then, no. If it is a chapter 13 then the bankruptcy filer would need the permissin of the trustee to make any major financial transactions.
What happens if the employer doesn't make the payment to the bankruptcy trustee on time?
The Trustee must take actions to assure the process is adhered properly followed. The court could impose penalties, especially if the failure to respond results in a loss or is irresponsible.
If you make partial payments can you still be foreclosed?
Typically yes, failure to make the payment required as specified in the mortgage note is usually written in as a default.
What are the various categories of bankruptcy individuals can file for?
It depends on if its for an individual or business. For an individual there is Chapter 7 and 13. In chapter 7 you will basically repay your debt at a reasonable amount to a trustee over the course of 5 years. In Chapter 13 your assets, (home car) are safe as long as you make the payments to the trustee. In Chapter 7 basically every debt is wiped out (but you'll take a big hit on your credit score) and your assets are not safe. A trustee can order your assets (car,home) to be sold to pay off your creditors.
