Overpaying the trustee

[stay]

When my plan was originally submitted, my payments were $2275, I have made 4 so far. My plan was just amended and my new payment is $1537. The plan is not confirmed yet. I am wondering since I have overpaid by $2952 can I skip next months payment and then it would be $122 the following month to make everything even?

[woeisme]

No. Need to wait for a refund from the trustee. Shorting a payment can get you into big trouble, especially since you aren't confirmed at that lower amount yet. It sucks (been there, done that!) but that's how it goes, sorry.

[stay]

Thanks, not good news but it will keep me out of trouble. Will the trustee actually issue a refund?

[aa06a47]

Probably not until the end of your bankruptcy.

[rrockinggramma]

I bet you won't ever get a refund. The amount you paid in was the specified amount for the plan as written. Once the modification was approved, the new amount due is less. So from here on, you send in the lesser amount. But the trustee won't owe you anything because the plan was written originally for the higher amount and then modified later. Your creditors will just get more of it. I wouldn't wait for that check anytime soon, if ever.

[woeisme]

I've gotten refunds twice from my trustee. Once when the judge issued an order to suspend my payments, but it took him a month to rule on it and by that time I had already made a payment. The other time was something similar, we had our payments changed from $1100/month to $400, and had made 2 payments while waiting for the judge to rule on it, and got a $1400 refund check. My trustee sent out both checks within a couple days after the judges ruling each time.

[woeisme]

Oh, I should also mention that I think I have about the best trustee in the world. I've read he has one of the highest success rates in the country with CH 13 completions, probably because he very reasonable. He also offers free classes for filers almost every month on different money management issues, probably smart enough to know he'll get more $ in the long run if he gets you through successfully than if he makes things so hard on you that you stop making payments completely.

[TrainWreak]

So how do you check on a Trustee's success rate? I want to check mine and see if he really is "laid back" like my lawyer said.
Thanks

[woeisme]

not sure how you check on their rate, this was just info my lawyer told me, not sure where it was obtained from, or even it's validity, but based on my experience, I tend to believe it as my trustee has allowed us some modifications to our plan that would have caused us to fail had we had a less reasonable trustee.

[jadams]

EDIT:

Ooops, went to wrong thread for some reason....


Carry on!