BK 13 Question

[SadieBug]

I filed BK 13 last year (April 08). On my papers it shows 57 months to pay back and 100% plan. However, I received a letter from my atty that states, they received a fax from the Chapter 13 Trustee regarding the length of my plan. It appears during a recent audit of my bankruptcy case that my plan is over the 60-months that is allowed by the bankruptcy code.
I have left a message for my atty to call and also sent him an email.
I know this is a long holiday weekend and I was wondering if someone could just help me understand what is going on.

Thanks, Sadie Girl

[justbroke]

If means that you have a plan that is infeasible. The Bankruptcy Code does not allow a plan to run longer than 60 months from the time that you file. Apparently, your plan either extends beyond the 60 months, or, your rate of payment suggest that you would not be able to complete your plan in 60 months... in order to make the 100%.

[SadieBug]

Can you tell me what that means for me? Will my pay be garnished more?
Doesn't the lawyer set up the payments? How could they be wrong?
Thanks, Sadie

[rrockinggramma]

your plan will either have to be modified if you cannot afford to make higher payments. Perhaps one of your creditors came in with a claim for more than you listed on your plan and that has cause your 100 percent plan to go longer than the 5 years. So if you can't afford to raise the payments then your attorney will have to modify your plan so that you are paying less than 100 percent to your creditors for the length of the plan.

[justbroke]

Thanks grandma!

[woeisme]

probably what happened is that some of your creditors filed claims for amount higher than you origianlly anticipated on your schedules. Say you used your last statement to credit card X, but before you filed they added on a bunch of interest and late fees, so they actually claim a higher amount than the plan base was. I think the only claims I had that matched my numbers exactly were medical bills where they weren't adding interest and fees.