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Monthly. Although if the money is taken as a garnishment it is the monthly amount / how many times you get paid in a month. Remember there are 4 1/3 weeks in a month, not 4.
Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
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Does trustee in Louisiana take your tax refund in chapter 13?
No they do not take your refund from my experience, but they do take the state refund. If they do take it, you can contact the trustee and ask for it back. I was told as long as the payments were being made every pay period we were okay. Hope this helps
What can you do if you are in Chapter 13 bankruptcy but still cannot manage your mortgage payments?
The only viable option would be to discuss the matter with the lender and hope that an equitable agreement can be made. In lieu of such, the petitioner should contact the BK trustee to find out if the Chapter 13 can be modified.
When a bankruptcy case is dismissed for missed payments what happens to the money already paid into the plans?
If the court has already confirmed the chapter 13 plan then the money already paid is distributed to the creditors. Basically, since the case was not discharged, you still owe the debt, so you made payments towards the debt while in bankruptcy. If the plan was not yet confirmed by the court, the money is returned to the debtor by the trustee save for a small amount for the trustee's expenses (trustee would ask for this in his motion to dismiss). Money would not be distributed to creditors by the trustee until after the proposed chapter 13 plan is confirmed.
What happens if you were not able to give your tax refunds in a chapter 13 because of economic reasons but still made all your plan payments?
If you are paying less than 100% of your debt to creditors, then you were required to at least give a portion of the refund to the BK Trustee (since it is considered income). The fact you made plan payments is irrelevant. If you had some unforseen expense come up- it would have been better to discuss this ahead of time with the Trustee. Your lawyer SHOULD have made you aware of this possibility. If you have no lawyer, you will still be held responsible for following BK law/procedures. So now it is up to the Trustee, either he will overlook this if you make higher payments (to make up for the tax refund money the Trustee did not receive) or he can ask the court to dismiss you BK (the court doesnt automatically dismiss a case, a party has to file a motion with the court). If your BK is dismissed, you will NOT be given a refund/credit for any plan payments made.
If behind on Chapter 13 payments can a dismissal be prevented or reversed if payment is made for past due amount?
It can't be reversed, but if it is dismissed without prejudice, you can refile a chapter 13 six months from the dismissal date. The best option is to meet with the trustee to discuss the problems with the schedule that the person now has to see if it can be modified.
How does a Chapter 13 come to an end after all payments have been made?
I am not a lawyer. If you have a
If you are behind with Chapter 13 payments is there anything you can do to prevent or stop a dismissal such as a payment for the past due amount?
The BK trustee usually waits until two payments have been missed and then files a Motion To Dismiss. There will be a time specified (usually 30 days) in which missed payments can be made up in FULL. If the amount owed is not presented before the time expires the 13 will be dismissed without further notice. If the filing is less than 60 months the trustee might agree to meet with the party involved to discuss possible modification of the BK plan.
Can a trustee find out from the IRS about a recent 1300 gambling winning if you are going to file Chapter 7 in a month and can he or she demand this money even if you've already spent it?
The trustee will look at your entire financial situation based on the information that you provided in your bankruptcy filing and supplemental documentation, but I am unaware of any ability or authority foro the trustee to be able to get information from the IRS. You are LEGALLY REQUIRED to disclose the winnings when you file for bankruptcy. Failure to do so would be bankruptcy fraud and could result in the denial of your discharge if this information comes to the attention fo the court and/or the trustee. If you made preferential payments to creditors, the trusted might ask for a refund of those payments to be distributed to all of your creditors.
Can a creditor request an automatic stay be lifted after nine months into a 100 percent Chapter 13 plan with payments made on time?
A creditor can ask for anything. The question really is whether or not it is likely that the request will be granted. I assume since you have made all of your payments per the plan, you have proof of such in the form of cancelled checks, bank statements, money order receipts, etc. If the payments are going to the trustee and then to the creditor, then you should find out whether or not the trustee has released the money to the creditor. Now, what you will need to do is hire a lawyer to file an objection to the motion for relief of stay and take your proof with you. It is unlikely that the stay will be lifted, however, you should not assume that it won't and do nothing.
If you are currently under Chapter 13 and have been for about 2 years how long does it take before you can try to sell your house and purchase another one?
That's a decision that is made by the BK trustee. The participants of a chapter 13 bankruptcy must get the permission of the trustee for all major financial transactions.
If you in the 2nd year of a 5 year Chapter 13 bankruptcy and the court payments cannot be made will it be dismissed or reopened?
Typically, if a debtor stops making Plan payments, the Chapter 13 Trustee will eventually file a Motion to Dismiss the case. The debtor will then have a short time in which to file an Objection to the dismissal if the debtor thinks he or she can catch payments up. If the debtor does not timely file an Objection, or if the debtor files an Objection but still can't get caught up, the Court will usually grant the Trustee's motion and dismiss the case. If a debtor knows in advance that he or she can't make payments, he or she can contact their attorney and see if they can get Plan payments suspended for a short time (maybe one to three months), or lower the amount of the payments by re-structuring the Plan. In some cases, conversion to Chapter 7 is possible. These options are complicated and should be discussed with an attorney. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person RossLawOffice.com
Can your Chapter 11 be dismissed due to plan payments?
Chapter 11 is a corporate business bankruptcy where a reorganization plan is made while operating under protection. It is not a Chapter 13 with a specific payment plan.
