amending confirmed plan

[wooisme]

Does anyone know what is involved in amending a confirmed plan when it has to do with JUST who makes the payment to the trustee? I'm not talking about making any changes to the actual plan and how the trustee is paid is not even mentioned in the plan but the confirmed orders say HOW the trustee is paid and that is what needs to be changed. It needs to change from my husband's pension plan to the debtor making payments to the trustee. Anyone have any dealings on how they do this or what the procedure is for this?

[HHM]

You might just want to call the trustee and handle this informally. I doubt the trustee is going to care too much "how" they are paid so long as they paid; but first try simply calling the trustee and see if the trustee will agree, then simply put the change into a letter to the trustee so that it is in writing.

If the trustee does not want to handle it informally but does not object to the change, then the alternative is to simply do a stipulation with the trustee to modify the plan...a stipulation between you and the trustee simply gets filed with the court, and bam, your plan is amended.

[Granny]

I believe the answer to this most likely would have to come directly from your trustee's office, as each trustee has their own policies.

[wooisme]

Well I can tell you the lawyer is no damn good, he doesn't answer me even though he got the letter and the trustee did and i didn't ....as it stands now this thing was confirmed on 6/28 and i'm making the payments still. what would happen if i just went on making the payments without it being amended. i guess they would catch up with me.

anyway, i guess that is what i'm going to do...I'll call his office and see what they want to do. the thing is, if i don't pay it on my own i don't know how they will get the money since they can't take it from pension and i'm not an employee but an independent contractor

[Granny]

Continue to make the payments yourself until you see that the issues between the trustee and the pension plan has been resolved. If it never gets resolved, then that's ok too, isn't it? I would bet as long at the trustee gets the payments (from whatever source), nobody is even going to pursue it any further.

For what it's worth, I make my payments directly to my trustee.

[wooisme]

UPDATE: I just checked pacer and they amended the confirmed plan so that WE the debtors pay the trustee so it looks like it's finally done and they are going to allow us to do it.

[wayne-o]

Great...seems like its gonna work out ok!