If you have been making payments for 3 years in your chapter 13 plan and you switch to a chapter 7. What happens to the payments. Do you get a refund after all creditors are paid?
Usually not. In the Northern District of Georgia, our Ch. 13 plans provide that a debtor can keep a set amount (it changes periodically) of $1,000+ and not turn it over.
The default for Ch. 13 cases filed in the Northern District of GA is payroll deduction. If you have a very good reason not to have a payroll deduction and can convince the judge to allow for direct pay, you can avoid the employer deduction. However, the trustee will likely demand extended months of "strict compliance" meaning that a missed payment can trigger a dismissal.
If you have been making payments for 3 years in your chapter 13 plan and you switch to a chapter 7. What happens to the payments. Do you get a refund after all creditors are paid?
Who do you talk to if you file without an attorney?
So you have to send in your tax refund also? And if you sale your home they get any money left over after payoff ?
Usually not. In the Northern District of Georgia, our Ch. 13 plans provide that a debtor can keep a set amount (it changes periodically) of $1,000+ and not turn it over.
Every case is required to have payroll deduction? What if this results in termination? Convert to a Chapter 7?
The default for Ch. 13 cases filed in the Northern District of GA is payroll deduction. If you have a very good reason not to have a payroll deduction and can convince the judge to allow for direct pay, you can avoid the employer deduction. However, the trustee will likely demand extended months of "strict compliance" meaning that a missed payment can trigger a dismissal.
I'm in AZ and I'm going to be 2 weeks late with my trustee payment. Can I expect a motion to dismiss that quick? Never been late before.
Probably not that quick. Here in Atl it usually takes about a month or two before we see the motion to dismiss.