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Thread: When is my chapter 13 bankruptcy payment due?

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    Banned i.breathe.in's Avatar
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    Default When is my chapter 13 bankruptcy payment due?

    When is my chapter 13 bankruptcy payment due?
    i just filed the petition on may second and have not yet been to court and had it approved (court date is june 12) but i got something in the mail saying i need to start payments immidiately from the clerk of courts. i dont get it. it hasnt been finalized yet, and it doesnt say by what date the payment is due by. can someone help? i am located in ohio.

  2. #2
    AudreyLeigh
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    Default Re: When is my chapter 13 bankruptcy payment due?

    Call your attorney.

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    Banned i.breathe.in's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    its saturday he wont be in till monday, which is why i posted here.

  4. #4
    AudreyLeigh
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    Default Re: When is my chapter 13 bankruptcy payment due?

    Ill guess 99% that this is a clerical error. Makes no sense.

    Post your question here... theyll have lotsa advise.. its a bankruptcy area.

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    Banned i.breathe.in's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    thanks!

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    God/dess VenusGoddess's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    You can also call the clerk of courts on Monday. It doesn't make sense that you would have to start making payments on a BK that was never finalized. Chances are, your attorney scheduled you for one day, then got the meeting continued and although it's continued, the computer might not have fully updated.

    Either way, I would skip calling the attorney and just call the clerk's office.

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    Banned Melonie's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    if your court ordered creditor repayment plan has been finalized, then it's probable that the court expects you to start by making the June payments ... even if the overall terms of Bankruptcy discharges / cram-downs has yet to be finalized. Did you receive your court ordered payment schedule from the court or your attorney ?

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    Banned i.breathe.in's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    no i have not recieved anything as far as a payment schedualyet i have not even had my trustee meeting yet. i know how much ill be paying a month that is all.

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    Banned Melonie's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    i know how much ill be paying a month that is all.
    well, that's probably all the court needs to know to force you to start making payments.

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    Banned i.breathe.in's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    ok ill call tomorrow, i just found it odd they didnt give me a due date or why i wouldnt start paying the day it was approved on my court date next week.

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    Default Re: When is my chapter 13 bankruptcy payment due?

    I'd guess that the first of the month factors in.

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    Banned i.breathe.in's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    i called the clerk of courts, and was informed they want one payment made before the actual court hearing to prove you can pay. the due date is before the 20th of each month once the case is approved.

    also an update on my missing lawyer-

    apparently he has gotten a lot of complaints from his clients and is about to get in trouble from the courts for moving his office and not leaving a forwarding number. i looked up his house number and called him direct and have a meeting with him tomorrow. i am pissed i have such a lazy ass lawyer that cant even spring the money for a forwarding number. he gave me his cell number, but his voicemail is full and he rarely answers. its exasperating. if it ruins my court case i dont know what ill do.

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    Default Re: When is my chapter 13 bankruptcy payment due?

    ^^^ it sounds like this bankruptcy attorney is REAL busy with new cases !!!

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    God/dess Deogol's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    Being a lawyer with a bunch of customers with no money.

    I can understand the voice mail box being full. LOL!

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    Default Re: When is my chapter 13 bankruptcy payment due?

    Quote Originally Posted by Deogol View Post
    Being a lawyer with a bunch of customers with no money.

    I can understand the voice mail box being full. LOL!
    that was ignorant as fuck. im a paying client, and like it or not the courts demand he stay in touch and work with me.

    first of all, he doesnt just do bankruptcys.

    secondly, you have to have money to file BR these days. His fees he is getting from me alone are 1500, thats not counting the trustee fee of 400 for the court and then i have to pay for the court costs also which will be factored into the chapter 13.

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    Default Re: When is my chapter 13 bankruptcy payment due?

    Quote Originally Posted by i.breathe.in View Post
    if it ruins my court case i dont know what ill do.
    It won't ruin your case. You would be able to prove incompetence at the least and fraud at the worst.

    If anything happens because he's inaccessible, then you can file a complaint and a grievance with the court.

    If he's already getting reprimanded by the court for his flakiness to you and some others, you can be assured that this will only help you should it come to that.

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    Default Re: When is my chapter 13 bankruptcy payment due?

    thanks venus!

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    God/dess Deogol's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    Quote Originally Posted by i.breathe.in View Post
    that was ignorant as fuck. im a paying client, and like it or not the courts demand he stay in touch and work with me.

    first of all, he doesnt just do bankruptcys.

    secondly, you have to have money to file BR these days. His fees he is getting from me alone are 1500, thats not counting the trustee fee of 400 for the court and then i have to pay for the court costs also which will be factored into the chapter 13.
    No, it wasn't ignorant as fuck. He is trying to run a business with customers who have no cash flow. That is a pretty hard fucking business to be in. In fact I hear much wailing (and insults) on this board about people with little to no money trying to be customers; but now that the shoe is on the other foot you have all this indignation of being ignored and given the least attention to those non-bankruptcy customers he has that are paying way more than you are. (Sounds pretty damn familiar to stuff I read on the blue side.)

    I didn't say anything about you not paying him; but I will now say given you are asking to welch out on these other bills you owe, it is an interesting way to reply "But I am paying him!"

    Now read this as from a business owner who has been shorted thousands and thousands of dollars from people who took advantage of my service and acknowledged my service was proper but basically said "You're not getting paid. Get in line at the court or sell it to a collector I can ignore just as much as you." I might have a somewhat biased opinion about bankruptcies and I bet every business who has had to deal with this does too.

    So I was being pretty fucking kind saying I sympathize with this lawyer dealing with people who have no money and not saying shit to you.

    I am sorry but the world doesn't revolve around you. Other people have problems too, and I think it is pretty bogus that you talk shit about someone who is trying to help you. I know you are stressed but I bet you would get a lot farther with this lawyer with lots of thank you's (and maybe even a tip) than with "Oh great, another bum wants to sue me because they can't pay their bills."

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    Default Re: When is my chapter 13 bankruptcy payment due?

    US law says that every American has the 'right' to go bankrupt. US law says that a bankrupt person's creditors are not going to get paid the money they are owed (or at least not all of it). On a factual basis, that's the end of the story.

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    Default Re: When is my chapter 13 bankruptcy payment due?

    Good luck to you. It's a rough place to be in.


    MANY MEN WANTED TO LAY ME DOWN, BUT FEW WANTED TO LIFT ME UP

    -Eartha Kitt

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    Default Re: When is my chapter 13 bankruptcy payment due?

    Quote Originally Posted by Deogol View Post
    No, it wasn't ignorant as fuck. He is trying to run a business with customers who have no cash flow. That is a pretty hard fucking business to be in. In fact I hear much wailing (and insults) on this board about people with little to no money trying to be customers; but now that the shoe is on the other foot you have all this indignation of being ignored and given the least attention to those non-bankruptcy customers he has that are paying way more than you are. (Sounds pretty damn familiar to stuff I read on the blue side.)

    I didn't say anything about you not paying him; but I will now say given you are asking to welch out on these other bills you owe, it is an interesting way to reply "But I am paying him!"

    Now read this as from a business owner who has been shorted thousands and thousands of dollars from people who took advantage of my service and acknowledged my service was proper but basically said "You're not getting paid. Get in line at the court or sell it to a collector I can ignore just as much as you." I might have a somewhat biased opinion about bankruptcies and I bet every business who has had to deal with this does too.

    So I was being pretty fucking kind saying I sympathize with this lawyer dealing with people who have no money and not saying shit to you.

    I am sorry but the world doesn't revolve around you. Other people have problems too, and I think it is pretty bogus that you talk shit about someone who is trying to help you. I know you are stressed but I bet you would get a lot farther with this lawyer with lots of thank you's (and maybe even a tip) than with "Oh great, another bum wants to sue me because they can't pay their bills."

    theres a big difference. im his client. i payed for his services. the courts are planning on fining him becuase he has blown off dozens of his clients. when i called the clerk of courts office they were asking me for his contact info becuase no one can get ahold of him. apparently i was the only one smart enough to look him up in the phone book.

    if he was trying to help me he would return my phone calls not move offices without forwarding a new number, so i had to hunt him down.

    who the fuck tips their lawyers?

  22. #22
    AudreyLeigh
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    Default Re: When is my chapter 13 bankruptcy payment due?

    Quote Originally Posted by i.breathe.in View Post

    who the fuck tips their lawyers?
    Not me! That sucks about your attorney. My bk was smooth and easy - I couldnt imagine such turmoil - like someone doesnt have enough that leads them to this point in their lives.

    I hope it all works out for you!

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    God/dess VenusGoddess's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    Well, when someone has been PAID for services that have been promised, to not deliver on those services is FRAUD.

    That is what her lawyer is committing...FRAUD. You do not take money from people with the promise of doing something and then "move" with no forwarding info.

    Deogol...again...why are you on this site?

  24. #24
    God/dess Deogol's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    Quote Originally Posted by VenusGoddess View Post

    Deogol...again...why are you on this site?
    Good God, please grow up. This is the real world and there are people you are not going to agree with.

    • The lawyer gathered together the paper work and analysis regarding her debts to be stricken and income abilities.
    • Figured out which laws apply and constructed the paper work for the court.
    • Filed the paper work with the court.
    • Went to court and won the bankruptcy.
    • Obviously got a schedule of payments set up for dealing with creditors.
    • And probably a whole bunch of stuff we don't even know about.


    How far does one expect $1,500 to go? How many hours of his/her time does that entitle the customer to? How many phone calls does that allow for? $400 for court fees should be a clue right there for how expensive this shit is. An hour of the court's time if even that much?

    Poor form for being hard to get hold of? Perhaps. But what I see in the end is an obviously effective bankruptcy attorney obviously giving up on that business and focusing on other legal matters. I am sure there are many reasons why this attorney is choosing to do so.

    FRAUD! My ass. She paid for a bankruptcy and she got it.
    Last edited by Deogol; 06-05-2008 at 05:27 AM.

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    God/dess VenusGoddess's Avatar
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    Default Re: When is my chapter 13 bankruptcy payment due?

    She paid for a bankruptcy. She did NOT get it! BK's are NOT final until after the meeting and the orders are signed by a judge. There are still papers to be filed, etc. If she paid this guy to do something and the COURTS cannot find him to mail him shit, etc...that means that he's not getting the necessary paperwork to finalize the BK. Not calling someone back is one thing if you can still drop into the offices. Cutting off your phone numbers and moving with no forwarding contact information while you've been paid to do something that has not been completed is FRAUD. Maybe you didn't read that the only reason she got a hold of the dude is because she tracked him down AT HIS HOME. What would have happened if his info was unlisted??

    You don't take money from people and not complete what you were hired to do. Whether or not $1500 is too low or whatever is irrelevant. The fact is that he chose to charge $1500 to do a full and complete BK for his clients. For BK's that covers all phone calls, countless hours of work, etc unless otherwise stated in a signed, dated "legal form of representation". He cannot decide to charge one amount, get into a really in depth BK (that is above and beyond "normal" ones) and decide that he didn't charge enough so he's going to stop communicating with the client...that's why lawyers look everything over before they commit (or at least they should...but if he didn't, that's his problem). Other legal matters (that pay more, whatever) take a back seat until his obligation to his clients is met. If he wants to get out of the BK arena, he needs to finish the work he started or refund the money and tell them to get another lawyer (while telling them how to file the proper paperwork for extensions).

    BTW...the $1500 is for the lawyer. The fees to file, etc are not usually included in the lawyer fees, smart guy. But, it is all irrelevant. He was paid to do something and he up and moved with no forwarding information before that was done.

    FRAUD.

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