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    Trustee or Attorney

    If you have income problems after confirmation, such as; decline in income or raise in expenses, do you write the trustee directly or do you have to pay the attorney his $250/hr to solve the problems. I ask because my income went down, but my house payment went up. Don't know if I just need to deal with it and or if I can ask to lower my payment. Originally my payment was suppose to be $100 but it ended up at $205 because of back taxes. However the taxes made a 0 claim, so the attorney lowered my plan from 5 to 3 years but didn't reduce the amount back down to $100 and any extra will go to creditors when originally they were to get nothing, and on top of it all I still owe the taxes. My attorney said it was the states responsibility to made the claim. So the payment is a stretch to start with and now income down house payment up

    #2
    You need to look at your services agreement with your Attorney. They do include "monitoring" fees in the Plan, and you'll have to see if it included modification of a confirmed Plan.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      If you were represented by an attorney when you filed, then you can't contact the trustee directly, need to go through attorney.

      Mine didn't charge me anything for modifying our plan (also a loss of income situation).
      Filed CH 13 September 17, 2007
      Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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        #4
        I have had several ammendmenst to my plan in the 4+ years, There has never been anything but filing fees, all of which were just added into plan.
        60 Month "Old Law"
        Filed 10/4/2004
        Confirmed 1/2005
        Discharged 9/8/2009

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          #5
          I believe the extra fees for a ch13 versus the lower fees for a ch7 are because the attorney is with you for 3-5 years and will most likely provide additional services where needed during that time.

          As for me, I am looking at an increase in income (possibly...been waiting 6 years for a full-time position where I work and it comes NOW...it figures). I will probably have to file a modification if it does pan out and I don't think I'll have to pay extra attorney fees; just filing fees. Kinda stinks: I may go from a 3 year plan to a 5 year plan and I'll be working more hours to pay the unsecured debt and spending time away from my 2 year old. Not too thrilled about that...
          CH13 filed 5/21/09; 341 6/17/09; confirmed 7/14/09]
          Discharged: 7/25/12

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