Ch13 estimated payment increased?

[petej]

I can relate although I'm very early into this process. Filed chapter 13 April 24th, with a planned payment of $600 a month for 3 years.

Fast forward to today!! I just received the paper work from the Bankruptcy Court this afternoon and something just shocked me. The plan that we proposed when we filed was $600.00 a month for 3 years. These papers state I must submit a payment of $1,100.00 a month starting one month from when I filed (filed April 24th).

Is that kind of increase normal even before the 341 meeting (scheduled for May 30)?? Any perspective would be highly appreciated and may help the OP with her questions too. How could this happen...how could my attorney be so far off?? Is this normal??

Stress level increasing I could hardly eat tonight...

[chloe0724]

Petej,

What were the objections? There should have been a list of objections.

[petej]

No objections that I can find. Remember I filed just this past week, April 24th.

Got the all the paper work today from my attorneys office that we filed along with the "Notice of Bankruptcy Case Filing" papers from the bankruptcy court. In those papers it just states that I will begin making payments of $1,100.00.

So how does that happen? From our submitted proposal/plan of $600.00 a month to $1,100.00 a month. Almost before the ink is dry and 1 month before the 341 meeting. Man I am confused and stressed. If the court is almost asking double what my attorney proposed from the get go, something must be wrong. I am going to schedule a meeting with my attorney tomorrow to see what is going on.

Anybody have any idea??

[toomuch]

No objections that I can find. Remember I filed just this past week, April 24th.

Got the all the paper work today from my attorneys office that we filed along with the "Notice of Bankruptcy Case Filing" papers from the bankruptcy court. In those papers it just states that I will begin making payments of $1,100.00.

So how does that happen? From our submitted proposal/plan of $600.00 a month to $1,100.00 a month. Almost before the ink is dry and 1 month before the 341 meeting. Man I am confused and stressed. If the court is almost asking double what my attorney proposed from the get go, something must be wrong. I am going to schedule a meeting with my attorney tomorrow to see what is going on.

Anybody have any idea??

Good luck. Please let us know what your lawyer says. Hubby is seeing his too so we can compare notes.

Toomuch

[petej]

Toomuch

I made an appointment for tomorrow at 1:30 so I'll let you know what he says about the significant increase in payment....

[toomuch]

Petej, I called the attorney's office first thing this morning. They told me it had all been taken care of (means test adjusted) and that they can't take more out of dh paycheck unless he comes in and signs papers.

Toomuch

[petej]

Clerical Mistake

Well, I meet with my attorney today to discuss why my $600.00 payment was increased to $1,100.00, even before the 341 meeting.

Turned out to be a "clerical" error. Seems like someone was looking at the wrong numbers and my payment will stay at the proposed $600.00 with an amendment. At least until the 341 meeting.

What a relief!!

[Gerry]

Wow, I can imagine!! That was good news.

[more$moreProbs]

What a BIG relief! I'm happy for you!

[petej]

Thanks. Apparently the court cannot change your proposed payment amount until the 341 meeting with the trustee. At that point the trustee can object to the plan and want additional money based on his/her investigation of your finances. It was indeed just a clerical error.

I was also informed by my lawyer that since I am a business owner that my 341 meeting at the end of May will probably be rescheduled to a later date, and instead of the typical 5-10 minute question and answer session at the court house, expect a meeting with the trustee in his office for up to an hour or more of questions.

Fun..Fun...