Has your plan payment been changed after your confirmation hearing?

[flower04]

Just wondering...?

[flower04]

I should clarify, did the trustee change your plan payment?

I'm not talking about ammending your plan because of income loss, etc, I'm talking about going to your confirmation hearing and having the trustee say, "Well, it looks like you could pay us this much more a month so that is what your payment is going to be."

[Desperatedays]

Trustee changed our plan.....

We did have a payment plan in our Chapter 13 for $2400 pm. After plan was confirmed yesterday the Trustee changed the payment schedule to $3700pm! We were notified today. It is so far out of our reach that we now have to surrender our home.........we have been given three days from the confirmation hearing to give up the house. I am terribly sad the way things have turned out...My Mother just passed away, so I am feeling quite lost

[anuta]

So sorry you lost your mom--it's double the difficulity. Good luck to you (:

[TrainWreak]

We did have a payment plan in our Chapter 13 for $2400 pm. After plan was confirmed yesterday the Trustee changed the payment schedule to $3700pm! We were notified today. It is so far out of our reach that we now have to surrender our home.........we have been given three days from the confirmation hearing to give up the house. I am terribly sad the way things have turned out...My Mother just passed away, so I am feeling quite lost

I thought one of the reasons for filing a ch13 was to keep assets? Can someone with experience explain? I just filed a ch13 and am awaiting the 341. I sure hope these are unusual events happening here!

[hyg1974]

My payment started at 200. At the 341, the trustee changed it to 275. At the confirmation hearing the judge wanted 1300. After amended expense schedules and lots of negotation with my lawyer and the trustee's office, I was confirmed at 1000. That's where I'm stuck for the next 56 months. Have to cut everything beyond the bare bones!!!

[rrockinggramma]

being in a chapter 13 isn't suppose to be "just another payment" It is suppose to be ALL of your disposable income. Sometimes it is possible to pad expenses a little but pretty much, you won't have a lot of money left over every month. And with the new IRS standards, fighting expenses is tough because those guidelines are the ones used by most trustee's.

[andy158]

This is where a good bk lawyer is a must! Mine specializes in bk only with 15 yrs experience and knows what and what not to include in your expenses. He knows the trustee well and what to expect at the scheduled hearings. NO SURPRISES! I even have pet expenses (3 dogs @ $85/mo) in my plan and have not had an eyebrow raised. Good councel is a must to make your life bearable for the next five years.

[klandsb]

Ok... This is all scaring me .... The only positive in my situation is the amount of cc debt I have.... Approx $ 36,000.. You cant pay back more then you owe

Are you guys talking about a 100% payback plan ??????

[lrprn]

The Ch 13 payment increases that other posters have been talking about very likely happened as a result of their lawyers negotiating with their ch 13 trustee to get their plans confirmed.

Good Ch 13 lawyers keep their clients informed during trustee negotiations and will not agree to confirmation with an increased payment without talking with their clients first. I don't know whether this happened in these filers' cases or not.

Once a Ch 13 plan is confirmed by the court and signed by the judge at a set amount, that payment can be changed only if the trustee or the filer petitions the court for an amended plan. Either one has to have reasonable cause for doing so. Ch 13 payments just don't change on their own out of the blue after confirmation.

[meetsv]

that is approximately 1300 dollars, how that much diference between the lawyer and the trustee?

[kornellred]

The confirmation hearing, which is held before the judge in Federal bankruptcy court, is just what it says: it confirms the proposed Chapter 13 plan in detail, not just the monthly payment. There will be no confirmation unless the trustee, the judge, and the attorney for the debtor are in complete agreement.

Once confirmed, the plan cannot be changed except in the BK court. Because some cases are exceedingly complex, modifications to the plan are often filed by the trustee or the debtor, but these must be approved by the court.

The trustee cannot act on his or her own to make changes to the plan.

[muzzey58]

Had to modify

We had to modify our plan last year. I was told by my doctor to quit work until my shoulder heals from a injury I suffered while working as a nursing assistant. My attorney had our original plan repayment at 80%. Also, he asked us to stop paying our federal taxes after we filed so that we wouldn't receive a refund for the next year. They based our court payment on the lower taxes and my income. We realized we would owe the IRS nearly $4000 in 2007. That's when I fired that attorney and hired my current attorney. She modified our plan not to include my former income and lower the repayment percentage to 55. The Trustee objected saying that we could afford the same rate. My attorney appealed the decision and got the payments reduced and lowered the percentage. I can't wait for this to be over with and soon!

[dmc-2008]

Ok wow this is scarey!!! So if i go to the hearing and the judge and trustee say that i have to pay more and i think it is crazy can i just bail at that time?? I mean forget the whole thing??

[jange]

DMC you should know before confirmation if the plan payment changes. Most people do not go to the confirmation hearing. My plan did increase from 900 to 1200 after the 341 mainly because I had received a bonus after filing but before the 341. My lawyer updated all the paperwork work and we went over it before he submitted it. I also had to start paying the new amount plus an additional $20 per month to make up for the difference between 900 & 1200. since my base plan amount changed. The new amount also started before confirmation. I was really worried that I could not make the $1220 but now 2 1/2 years later we are doing ok.