Legal Question in Bankruptcy in Georgia

how do you determine delinquency when we have paid every month just not on time because we get paid bi-monthly

Asked on 6/25/13, 3:41 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office
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Youre question makes no sense. Delinquency on what? And if you owe something, how often you get paid has nothing to do with what you owe. Please repost.

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Answered on 6/25/13, 4:33 pm
Robert Gardner Hicks, Massey & Gardner, LLP
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It may be that your plan payments are structured bi-weekly instead of bi-monthly. For example, if your monthly payment is $100, and the deduction order or payment plan you have been given is for a bi-monthly payment, you would pay $50.00 twice a month. However, if the deduction order or payment plan is set up bi-weekly, your payment is $46.19 every 2 weeks. The problem arises if you or your employer is paying $46.19 each pay period, and you are only paid 2 times a month. Therefore the trustee is being shorted $7.62 per month. If your payments are higher than this, or this has been going on for several months, this can add up to a significant delinquency. I see this happen periodically, and it can be fixed by adjusting the payment or deduction order, so you would need to get with your attorney to fix it. I also see it in cases where, for some reason, the plan has a built in provision for an increase in monthly payments due to the ending of some other payment being made outside the bankruptcy plan, such as a 401k loan deduction, rent to own payment, or debt payment made by a non-filing spouse. If this was not the question you were looking to have answered, please re-post a more specific question.

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Answered on 6/26/13, 6:34 am

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