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Proposed Plan vs Actual Confirmed Plan

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    Proposed Plan vs Actual Confirmed Plan

    I have been reading some of the recent filings in my area (Chpt 13). I am curious about something. For those of you who are currently in repayment- is your actual plan the same as your proposed plan? If not, when did it change and what explanation were you given? Do you notify trustee at intervals about wage changes (raises, etc) during the plan?

    #2
    My actual plan is only $60 different from my proposed plan. Trustee messed up with my disposable monthly income (DMI). My actual (projected) DMI is a negative $400+ per month. However, the Trustee didn't take into account the loss of rental income... so they messed up on the payment.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Originally posted by SCRuth View Post
      For those of you who are currently in repayment- is your actual plan the same as your proposed plan? If not, when did it change and what explanation were you given?
      We filed our 13 proposing one payment. After settling two trustee objections (the third with our mortgage lender was kicked to the curb by our local bk judge), after fifteen months and dueling lawyer briefs and a formal hearing in the judge's chambers, our bk judge ruled in our favor for one of the objections and ruled in our trustee's favor for the other. That raised our plan payment $150/month which we started paying once our plan was finally confirmed. It was still a bargain compared with what we faced before filing.

      Do you notify trustee at intervals about wage changes (raises, etc) during the plan?
      Every trustee has their own requirements about what they expect to be notified about. Most give their filers written instructions about what to notify them about. Ours wanted to receive our tax returns every year and to be notified if our gross income increased more than 10% at once. That's it. Ask your lawyer what to expect with your trustee.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Well proprosed filed 10-21-09 ... Received trustees plan 2 wks later raising my pmt $432.00 a mth. Ughhhhh... Due to my attorneys omission of my 401k contributions on the I & J schedules and also the trustee lowered my sons expenses. I plan on filing an amended I & J but my attorney seems kinda lax on it. Does anyone know when an amended plan can or should be submitted ?? My attorney seems to be holding off and I am not familar with how this all works . He says wait to see how many creditors file claims but , hello, they have till March and I will be paying the higher amount for 5 mths..
        The proposed was paying back unsecured 17% , now the trustee has me paying back 71% The part that ticks me off is they have attached my wages already with the higher amount being taken out. This is all stressing me out to the max....

        Sorry to those that have heard my story before. I feel like I am beating a dead horse !!!
        Last edited by klandsb; 11-20-2009, 06:22 AM.
        Those who live in glass houses should not throw stones
        Chapter 13 filed 10-21-09
        Discharged 4-13-15

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          #5
          Amended plans are easy to submit before confirmation. After confirmation, it becomes a drag as you actually have a more formal process. Amending a Chapter 13 Plan pre-confirmation is as simple as serving it on the Trustee and interested parties, and then filing it with the Court. There are some rules on how many days before the confirmation hearing, you can amend it as well.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Well I just talked to my attorney and from my submitted plan to the plan that will hopefully be confirmed in December is a difference of $60/month higher. The trustee said because I get about $4200 back on Federal taxes, but the attorney did say that I can keep all of my tax returns for the life of the plan. All in all not that bad of a change.
            Filed September 15 2009
            Confirmed December 15 2009 :yahoo
            Discharged! 1/31/12 New beginning has begun!

            Comment


              #7
              Actually Limitman that sounds great to me and would even be willing to buy the trustee dinner on ME .. Just kidding, I think that falls under bribery... I have just had the week from HE**... Things at work stressing me out & this bk stuff added onto that.. And today I find out since my wages are attached I am now about $ 300 ahead on my plan... Gosh I could use that $300....
              Thanks to all for listening !!!
              Those who live in glass houses should not throw stones
              Chapter 13 filed 10-21-09
              Discharged 4-13-15

              Comment

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