The trustees take the payments that have been made during the 90 days up to filing to place them back into the bankruptcy estate.
Not exact matches
Then there is attorney Lewis Roberts, «Roberts's intervention is to get judges and
trustees to classify the federal student loan debt separately so that his clients can
take advantage of special
payment plans the government offers borrowers to manage their student loans.»
Additionally, any
payment on a debt which qualifies as one of the above
payment can be
taken back by the
trustee and given to the rest of your creditors.
If the house is worth about what remains owing on the mortgage, the
trustee will not
take your house if you go bankrupt, and generally the mortgage company will allow you to keep making your monthly mortgage
payments.
For example, if your proposal dictates that you will pay $ 400 per month over 3 years, the fees for hiring a
Trustee will be
taken from that amount and will not require any additional
payment on your part.
The
trustee sets the amount of
payment by
taking into account your total income, the standards issued by the Superintendent of Bankruptcy, and your personal and family situation.
This calculation can become quite complicated and can increase the cost of your bankruptcy so you should always
take to your
trustee about the possibility of having to make surplus
payments.
The best thing about a Chapter 13 is that it helps avoid filing for Chapter 7 bankruptcy.By extending the length of time you will
take to pay off your debts, your monthly
payments will be smaller making it easier for you to get out of debt.Chapter 13 also offers the convenience of consolidation because you only make one monthly
payment to the
trustee who will deal with all your creditors for you.Once you have filed the petition, the creditors are no longer allowed to
take any action against you in order to collect their
payments.
A debtor recently blogged on a bankruptcy forum website his
trustee and bankruptcy judge wanted him to
take money out of his 401 (k) plan to make a balloon
payment on one of his creditor's notes.
The
trustee would require a
payment of the unexempt portion or
take the car.
Misunderstandings generally occur through hearing rumors and horror stories about
trustees who have
taken back
payments made by debtors.
With a Chapter 13 filing, you would also need to obtain permission from the bankruptcy
trustee to
take on those new monthly
payments.
In a Chapter 13 bankruptcy, instead of the
trustee taking the asset, you make a monthly
payment that's equivalent to the unexempt asset.
A wage deduction order is having your employer automatically
take a portion of your paycheck to the
trustee for your monthly chapter 13 plan
payment.
If the
trustee of the SMSF can demonstrate all reasonable steps had been
taken to ensure the pension
payment would be processed prior to 30 June and it was something outside the
trustee's control that prevented the
payment from being made, we may consider applying the exception to allow the fund to continue to claim ECPI.
Later, relying on Raithatha, a
trustee in bankruptcy (Mr Horton) approached the High Court requesting an IPO to require a bankrupt (Mr Henry) to
take his four valuable money - purchase pension pots (not yet in
payment) as lump sums.
After that point, creditors — including the wife with the $ 35,000 order in her favour — could no longer
take individual steps to pursue
payment from him, except via the
trustee in bankruptcy.