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Ch. 13 payment

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    Ch. 13 payment

    My 341 for Ch. 13 is scheduled for Aug. 10. The UST is claiming that I have about $850 a month in DMI for payment. It's way off the mark as he is only allowing the standard IRS deductions, not my actual deductions. I discussed it with my attorney, we left the actual deductions and filed a plan with a $125 payment per month.

    My question is if the UST objects to this amount and comes back with say $400 a month, I have the right to dispute that, correct? I obviously will not sign a plan that I know will fail from the get go! I have bank statements, receipts, etc. to prove where my money goes . . .

    Also, I have read posts with people saying they are 7 months in, 8 months in and no confirmed plan. How long can you by in a ch. 13 with no confirmed plan?

    Any insight would be great!
    Thanks!

    #2
    If you exceed the IRS allowances, and you have receipts, and it is justifiable, and your attorney will fight for you, then you should be able to win.

    Just because he says one thing, doesnt mean he is the ruling authority, the judge rules on the case, he can cry all day.

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      #3
      Thanks, optimistic1. I was getting the feeling the trustee was having a "power trip" moment!

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