My Bankruptcy Trustee Thinks He’s Paying the Mortgage, But He’s Not. – Anna

“Dear Lewis,

My husband filed chapter 13 in sept 2010 and in april we had to have our house added to the plan.

Our payment went from 280.00 per month to 1780.00 to include our house payment. We decided to have 2 equal payments automatically withdrawn on the 3rd and 15th of each month from our checking account. Since we have changed our plan every month one payment comes out on the 3rd for 858.00 but they have never taken out the second payment.

I have called two months in a row and they say that the second payment had already posted. It never came out of my account and I have had more than enough money in my account to cover the second payment. I have tried to tell them that I think something is wrong and I am scared that we will get further behind. I don’t want to send a extra check for the difference because I never know if they will start taking out the second payment!

Any suggestions on how to fix this. I have not gotten any letters or calls from the lawyer or the trustee but I got a letter today from our mortgage lender saying that we are deliquent over 10,000 dollars. Please help.


Dear Anna,

First of all, you should be able to log into to get an idea of your plan payments being credited.

Your next step is to demand your attorney take a look as well (usually an attorney can log into a different system to see payments being credited).

If this does not resolve the issue, then you need the trustee to do an accounting to see exactly how many and how much in payments has been credited.

If you know for a fact it isn’t being taken out of your paycheck, then I would make sure you save this money. Once the trustee or your attorney finds the problem, then you will need to get caught up.

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The good news is that nothing happens suddenly, or overnight, in bankruptcy. There is always time to correct a problem. Usually 21 days minimum.

This should not be a problem to fix between your attorney, the trustee, and yourself.

You should be proud that you are being proactive in your case. Many debtors have no idea whether the money has been coming out of their paycheck or not.

You should be commended!

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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