Legal Question in Bankruptcy in Michigan

Payments to the Trustee

Weekly garnishes have been going on for 3 years now going to the Trustee for him to make payments, mainly on the mortgage. I just found out that there hasn't been a payment on the mortgage since September 2005. The penalities have been huge due to this. I'm trying to refinance so I can pay off what is owed and not have my pay garnished any longer, when the new mortgage company went into doing this, thats when it was found out, and instead of a pay off of $16k, it's $24k. How can I fix this? The money is taken out of my pay weekly going to the Trustee. I've tried to contact the Trustee, but I'm not allowed to speak to him. He's taking my money, but nothing is being paid. Is there hope? The new mortgage company is having a terrible time helping me refinance. Any other advice?

Thank you so much for any help.


Asked on 1/31/06, 6:45 pm

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Payments to the Trustee

I cannot tell what is going on without more information. You talk about a Trustee. Does that mean you are in Chap. 13 bankruptcy? Why are your wages being garnished? Is there a wage withholding order because of the bankruptcy to fund your Chap. 13 plan? If you have questions about the Trustee's actions, you need to talk to someone from his office. You don't need to talk to him, but there are usually people assigned to your case who are very helpful and knowledgeable. If something improper is going on, you can make a complaint to the US Trustee's office, but I wouldn't jump to that conclusion. I advise you to take your time and get the answers to the legitimate questions you have. Also, if you are in a Chap. 13 bankruptcy, I am sure you have an attorney. If so, you should be directing your questions to that attorney who can help you.

Good luck.

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Answered on 1/31/06, 8:06 pm


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