Some questions

[mrich1974]

Hi guys, we are set to file 13 tomorrow. Our estimated payment on the plan seems very doable. I am optimistic about being able to live within our budget. I just have a quick question, I am going to talk to the lawyer tomorrow but I thought maybe someone here could answer this. Do we have to report pay raises? Can our plan be modified to make us pay more?

[justbroke]

You should report substantial changes in income (up or down) to your attorney immediately. You may be required to provide tax returns every year to the Trustee. The Trustee typically discovers income changes by reviewing the tax returns.

A plan can always be modified through the plan modification process. If your income improves significant (and don't ask me what is significant), it is possible that the Trustee may file a motion to modify confirmed plan. A lot depends on how future income is handled in your specific district.

[Barbisi]

mrich 1974, I am so glad for you! I only wish our confirmation could be as painless ,doable and easy as yours. We will talk to the lawyer after the 341 meeting and see if anything is negotiable in our favor as the trustee has a whole slew of objections, including a request for dismissal of our petition. The lawyer will only say it looks worse than it is.

[out4good3]

One year and three months into my BK13 my employer reassigned me and adjusted my base salary up 33%. Now, with extra pay for special projects, on call assignments, and picking up an occasional side job, my actual take home nearly doubled. However, I happened to be in a district and\or had a trustee and plan that did not require me to send in tax returns. So, how was the trustee or my lawyer for that matter to know if my salary substantially changed.

Let's just say that in my situation, knowing both the lawyer and the trustee were more than happy leaving me alone assured that a bi-monthly check was being sent from my employer........

Uhhnnnnnn...................

You'd probably better just follow the boards advice.

.........rolled a 7........

[switch625]

I would ask your attorney and check your trustee's website or any info you are given by the trustee prior and during the 341 meeting. In my district, I have learned that one 13 trustee files motions to dismiss when returns and refunds aren't submitted post-confirmation and one trustee who does not, and that person is my trustee, lucky me. Nor has my trustee asked for yearly tax returns, tax refunds or paystubs, etc.

[justbroke]

Always inform your Attorney when you have income changes (positive or negative). They will advise you on what to do or not do. We had a member on this board that had a similar increase over time and just before they were about to receive a discharge, the Trustee pounced.

It happens. There are Trustees that simply don't care so long as you stay in plan, make your payments on time, and keep hour head down. There are also pesky nit-picking Trustee that want everything (tax returns, tax refunds).

May we all get the nice Trustee.