plan %age changed! Help!

[cvmomof3]

I initially had a 40% payment plan which i made my "final payment" last June. On the data center website my status was "about to complete" which I can't tell you how relieved I was...I contacted the trustee and he said that I should receive discharge mid-August. Lo and behold, instead of receiving notice of my discharge, they increased my plan percentage from 40% to 97%!!! I cannot afford this as I have 3 kids in preschool and daycare, my husband and I were hoping to use the $950 pm CH13 payment towards buying a car (upon discharge) and pay for daycare expenses. Please help, is there anything I can do to appeal this change???

[lrprn]

I initially had a 40% payment plan which i made my "final payment" last June. On the data center website my status was "about to complete" which I can't tell you how relieved I was...I contacted the trustee and he said that I should receive discharge mid-August. Lo and behold, instead of receiving notice of my discharge, they increased my plan percentage from 40% to 97%!!! I cannot afford this as I have 3 kids in preschool and daycare, my husband and I were hoping to use the $950 pm CH13 payment towards buying a car (upon discharge) and pay for daycare expenses. Please help, is there anything I can do to appeal this change???

Whoa....slow down. The 13 data center website is not a reliable source of your payback %. The % probably changed because the trustee has now paid back almost everything that each creditor was to receive - not that your payback % changed. Your case was updated to reflect its current state, that's all.

Call your lawyer tomorrow and verify the current status of your case. Since your trustee said you should be discharged very soon (CONGRATULATIONS!!), this is most likely just a tempest in a teapot

[cvmomof3]

one reason for my panic attack is because when i logged on to the data center website all of the principal owed to the creditors was paid off up until today when i logged on and now there are new amounts showing i owe!!! Also, they changed my status back to "active." is there anyway to object this?

[rrockinggramma]

has your plan run its full course, meaning have you paid in the full 36 or 60 months of your plan?

Having the plan percentage change is not uncommon simply because not all of your creditors filed claims. If your plan is scheduled to run 60 months, then that is how long it will run regardless and your unsecured creditors get more money because not all of them filed claims.

My plan was originally written for 10 percent to unsecured. Due to lack of creditors filing claims, it ended up paying out 87 percent to unsecured. And it ran the entire plan length.

You won't get an early discharge if the plan was set to run 60 months that is how long it will run. It sucks I know cause my notations were the same and then changed on data center and also on the 13network.

[deerme]

The same thing happened to me; I showed 'about to close' at the time I made my 36th payment. Then it showed I was to pay back 18% and I owed nothing to creditors anymore. Next I asked for review and my case went back to active, I owed 28% to creditors, and I continued to pay for an additional 7 months.

Here is what happened. My original court order said I had to pay 28% plus half of my tax returns. Twice my mortgage company tried to remove the automatic stay and for 2 months each time refused to accept my payments. Those amounts got added to my payback later. Then my tax return amounts were not added to the payback % until they did the review.

So the creditors still needed to get 28% and my tax returns upped it to 35.07% total payback.

Believe me, I was so mad, no one ever said it would continue that much longer. But I managed to make it through and finally got the order to stop the withdrawals from my paychecks!

Check what your original court order says you are supposed to pay back.

Good luck.

[HHM]

Please read this.

http://www.bkforum.com/showthread.php?t=34708

The actual % you payback is meaningless as far as you're concerned, you don't car how the trustee allocates or determines the %. If you get a Motion to Increase Payment, then you need to be concerned, but otherwise, you are worrying over NOTHING.

A chapter 13 cannot exceed 60 months. If you have a confirmed plan, and no Motion to Modify has been filed, THEN NOTHING HAS CHANGED, it doesn't matter what the data center is, that is all behind the scenes stuff that is of no concern to the debtor.