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How often does trustee increase the Plan payment?

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    How often does trustee increase the Plan payment?

    The more I read up on this, the more I get the impression that, in general, C13 trustees invariably increase a proposed plan amount. How often does this happen to those of you involved in a C13? I'm been getting a sneaking feeling that our area trustee is gonna hit me pretty hard, based on what I've read so far.
    09/13/06: -- C13 filed with Courts
    12/04/06: -- Plan confirmed!
    Payments left: -- 38

    #2
    Originally posted by GoingUnderInNV View Post
    The more I read up on this, the more I get the impression that, in general, C13 trustees invariably increase a proposed plan amount. How often does this happen to those of you involved in a C13? I'm been getting a sneaking feeling that our area trustee is gonna hit me pretty hard, based on what I've read so far.
    GUINV, it isn't a given that your payment is going to be increased.

    IMHO after the new law passed last year, it opened up a lot of gray areas for interpretation that didn't exist before. That's why we are seeing more volatile Ch 13 payments as the trustees, bk lawyers, and bk judges sort out some of those areas that currently have no reliable answers. After a few years, the dust will settle (too late to help any of us, unfortunately.)

    Why do you think your trustee is going to increase your payment?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Pay Increase

      I heard if you get a pay increase of more than 10% than the Trustee can increase you payment plan. (More disposable income - more money for the Trustee and the creditors).

      Catchmeifyoucan
      July 2006: Filed Ch13 :blink:
      Oct 2006: Converted to Ch7 :clapping:
      Jan 2007: DISCHARGED :clapping:
      Nov 2007: CLOSED :yahoo::yahoo::yahoo:

      Comment


        #4
        Originally posted by lrprn View Post
        Why do you think your trustee is going to increase your payment?
        The more I read about 13ers, plus talking to several locals who are in the business, the area trustee tends to go into every meeting thinking that everyone's plan should be doubled right at the get-go. I can afford what my attorney has recommended in the filing, but I can't if it goes much higher. This is really starting to worry me now, especially given that I don't have ANY recourse from what I've read. Pay what the trustee says, or it gets dismissed. Real fair.
        09/13/06: -- C13 filed with Courts
        12/04/06: -- Plan confirmed!
        Payments left: -- 38

        Comment


          #5
          Originally posted by GoingUnderInNV View Post
          The more I read about 13ers, plus talking to several locals who are in the business, the area trustee tends to go into every meeting thinking that everyone's plan should be doubled right at the get-go. I can afford what my attorney has recommended in the filing, but I can't if it goes much higher. This is really starting to worry me now, especially given that I don't have ANY recourse from what I've read. Pay what the trustee says, or it gets dismissed. Real fair.
          If there's one word that isn't often said in the same sentence as trustee, it's fair. Sounds like your local trustee might be a tougher one. What does your lawyer say? Is he/she expecting a potential payment increase for you?
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            Disposable Income

            The more I read about 13ers, plus talking to several locals who are in the business, the area trustee tends to go into every meeting thinking that everyone's plan should be doubled right at the get-go. I can afford what my attorney has recommended in the filing, but I can't if it goes much higher. This is really starting to worry me now, especially given that I don't have ANY recourse from what I've read. Pay what the trustee says, or it gets dismissed. Real fair.

            its all about your disposable income, make sure you eat up as much as allowed per IRS standards and if you go over the standards be prepared with receipts. my plan "proposed," $250, even though their "means test," showed no disposable income, my "real budget," schedules I and J showed otherwise, $250 wasn't good enough, they want $800! after reading through some of the post here, there are quiet a few that pay quiet a bit more, so i don't feel too bad, but i'm not going to spend the next 5 years giving up my whole take home pay from one of jobs to the trustee on top of any refunds i get from taxes every year, so i've quit one job, fell below the median and am refiling for chapter 7

            Catchmeifyoucan
            July 2006: Filed Ch13 :blink:
            Oct 2006: Converted to Ch7 :clapping:
            Jan 2007: DISCHARGED :clapping:
            Nov 2007: CLOSED :yahoo::yahoo::yahoo:

            Comment

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