chapter 13:Disposable income = Trustee payments?

[TooMuchCredit]

In reality, does the Trustee really come after you to increase your payments? If that is the case, if your income drops, why don't hey automatically lower your plan payments. If they can adjust one way, they should do the other.

[justbroke]

In reality, does the Trustee really come after you to increase your payments? If that is the case, if your income drops, why don't hey automatically lower your plan payments. If they can adjust one way, they should do the other.

I read some statistics from a Midwest Trustees office.

They noted that of the active cases, they have filed motions to increase payments in about 10% of the cases.

Likewise, some cases had payment decreases. However, the Trustee isn't responsible for telling you you're paying too much. Your lawyer needs to modify your Plan if your expenses have changed.

[Stallo]

Yes, this would be close to what your DMI would be. Whether you have to pay secured creditors through the Plan (paid directly to Trustee) will be based on local rules.

I think you're in Florida, so most Trustees in Florida require secured payments through the Plan... unless you file a Motion to make payments outside the plan.

This in Georgia, so which amount should be paid to be discharge the DMI of $60,000 or the $40,000 to secure and $45,000 to unsecure(50% of $90,000) = $85,000.

[Stallo]

Are there anything in Bankruptcy code before October 17, 2005 to explain what should paid to be discharge.

[justbroke]

This in Georgia, so which amount should be paid to be discharge the DMI of $60,000 or the $40,000 to secure and $45,000 to unsecure(50% of $90,000) = $85,000.

I don't understand your question.

[Stallo]

I don't understand your question.

in a Chapter 13 file before October 17, 2005. What amount are you required to pay to be discharge regardless of debt. Is it 36 months of disposable income($60,000) or $40,000 of secure plus $45,000 of unsecure debt for total amount of $85,000.

Otherwords do you only pay in the disposable income for 36 months = $60,000 to get discharge or it could be more if you have secure debts paid through bk c13.

[justbroke]

in a Chapter 13 file before October 17, 2005. What amount are you required to pay to be discharge regardless of debt. Is it 36 months of disposable income($60,000) or $40,000 of secure plus $45,000 of unsecure debt for total amount of $85,000.

Otherwords do you only pay in the disposable income for 36 months = $60,000 to get discharge or it could be more if you have secure debts paid through bk c13.

Since you are old school (old law, or pre-BAPCPA as we call it), you can buy out after 36 months.

Also, it depends on how many months your plan originally was. If your commitment was 60 months (5 years), then, after 36 months, you could buy out the rest of your plan, at the plan rate.

So, I still don't understand the numbers you are using.