Creative thinking needed! REALLY aggravated with Ch 13 trustee
Posted: Mon Dec 14, 2009 8:55 pm
Guess which one?
OK, here is situation -- Rod Danielson insisted client's car payments
be made through plan -- we agreed, plan confirmed. 4 months of
payments were made, there were issues (I will explain below in longer
version) case dismissed. We decide to wait and refile as client is
letting house go and reuniting with wife - -maybe this will create
more debt to be dismissed in 2nd BK.
Client calls me last week -- he has looked online and it seems no car
payments have been made. I am surprised, I tell him to call and make
sure, maybe website not being updated since he was not paying online
and payments made through BK. This was Friday.
Client calls today -- his car was repo'd and NO payments were ever
made by trustee, despite payments being made to creditors according to
paperwork I got from trustee.
WTH??? Any ideas as to what to do??
In case you are curious -- here is longer version:
Client files Ch 13 in Riverside. At 341, trustee insists car payments
go through plan, we agree, done deal. Client signs up for automatic
withdrawal.
Client does not make payment since thinks automatic withdrawal will
happen and overdraw account. Client is out of town A LOT for work.
Rod Danielson files Mt for dismissal -- 2 payments behind. I talk to
client, trustee's office, payments get made and automatic withdrawal
is to start -- figure we are good.
Client makes next payment with cashier's check -- unbeknownst to us,
it is sent back as apparently wrong somehow (It is identical to 2 that
were accepted). He is out of town, does not know check was returned.
Case is dismissed. (I am skipping a bit..). Turns out client is
going to move to Pasadena to reunite with his wife, let house go
possibly to foreclosure -- we decide because of these issues to file
new BK in 6 months or after foreclosure, whichever later.
Then...the whole car fiasco.
My really nice, gentle client is VERY upset, I don't know even what to do.
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean slate."
"Like the witness protection program!"
"Exactly."
The post was migrated from Yahoo.