Making the First Payment After Filing Bankruptcy
When a Debtor files a Chapter 13, the first Trustee payment is due 30 days from the date of filing. There is no way for the attorney to change the date the payment is due. If the first payment is not made on time, the Trustee will issue a 3-day Notice of Intent to Dismiss for Failure to Make the First Payment (NOI). This gives the Debtor 3 days to get his payment in or the Trustee will dismiss the case without a hearing.
Debtors are made aware of the date the payment is due when they sign all the paperwork that gets filed with the court, usually they are informed sooner. This gives the Debtor at least 30 days to plan for the payment becoming due. The first payment is the only payment that if missed the Trustee will issue a 3-day NOI, so it is very important for a Debtor who wants to stay in the Chapter 13 bankruptcy to be sure and make the first payment in full and on time.
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