Quote from @Jesse Kindra:
@Account Closed - Hi Mike thanks for the response. It's Chapter 13. I believe it's a first time filer and they have counsel. I don't know much more than that.
I guess I will have to wait for my PM's attorney to provide some advice.
With a Chapt 13 they are supposed to put together a repayment schedule. They have 60 months of payments to pay everything back but a court will rarely go more than 36 - 48 months so that there is buffer in the event they start missing payments.
So, realistically, let's say they missed 5 payments of $1000 so that is $5000 divided by 36 months & is $138.89 per month along with the normal payment of $1000 that you are supposed to get. So, under court order, when it is all confirmed (approved), which should take two maybe three months, you would start getting the $138.89. They are supposed to start making the $1,000 payments again right away but you may need to get your attorney to write up the order for the judge to get that started. It gets tricky since until the plan is confirmed, the trustee holds on to the payments the bankrupt (the term used in court) makes to the trustee.
You want to ask the court to have the bankrupt make payments "outside of the plan" so you can start getting your payments sooner. If there are no other creditors that challenge your request, the judge may grant your request.
Each time your attorney files a motion for you, expect to pay about $500 to the attorney. Yikes! There's no justice in this for the creditor (you).
Here is some exciting (yawn) news for you: The average chapter 13 costs the filer $3,361 in attorney fees and $1,965 for Trustee's fees. So, the filer spends about $5,326 to ruin their credit for 7 years. That ruined credit means higher payments on future loans and future insurance not to mention being under court control for 3 to 4 years.
Someone must really hate their landlord to do that to themselves.
Instead of doing all that, I sell 9 pound hammers for $25 that they can buy and slam into their big toe and the pain only lasts a few weeks. Plus, my $25 hammer is a lot cheaper than the path they have taken.