Unemployment Benefits end - Amend CH13 Plan

[appleae]

Recently filed Chapter 13. Unemployment benefits will come to an end sometime next year. Once this happens, it will be difficult to continue making payments into the plan, since will then be $1,600/month less.

If we want to then amend the plan, do the rules of the means test still apply, where it requires a 6-month look-back on our income?

[appleae]

bumping & clarifying: if spouse loses income (unemployment) while in Ch13 plan & want to amend the plan, how do they calculate the new payment- are they again going to calculate an average based on the six full months prior to filing the amended plan? It would seem kind of silly since we would not
be able to keep up with payments if we have to wait several months before getting a lower payment.

Recently filed Chapter 13. Unemployment benefits will come to an end sometime next year. Once this happens, it will be difficult to continue making payments into the plan, since will then be $1,600/month less.

If we want to then amend the plan, do the rules of the means test still apply, where it requires a 6-month look-back on our income?

[newbie2]

This could vary from state to state, so check with your attorney, however: A couple of months ago it appeared that my husband was going to be laid off. He immediately contacted our attorney and she said that when it happened to call her right away and she would start the conversion to a Chapter 7. It didn't sound like we would have to wait for a couple of months of declining income (a new 6 month look back period).

Thankfully, the layoff didn't happen (knocking on my wooden desk).

[Billssuck]

Mine is different than the previous poster: My husband did get laid off from work Oct. 31 and our lawyer said there would be a new means test done with a current six month income look back period for a chapter 7 conversion. However, we're fortunate in that my husband found a job starting Feb 1st so we just have to get through the next 2 months and hopefully won't have to do the conversion. Plus I have been getting extra hours at my job so we're making due with the decreased income and still are able to make our ch13 payment.

[appleae]

Has anyone had their chapter 13 plan successfully amended after a loss of income? Was there a six-month look-back? I thought I would revisit this topic since my wife's unemployment is going to run out soon. We were just Confirmed in January. It might seem suspect that we'll have made only 4-5 trustee payments and already are amending our plan, but unemployment brings $1700 / month which is almost 75% of the trustee payment.

bumping & clarifying: if spouse loses income (unemployment) while in Ch13 plan & want to amend the plan, how do they calculate the new payment- are they again going to calculate an average based on the six full months prior to filing the amended plan? It would seem kind of silly since we would not
be able to keep up with payments if we have to wait several months before getting a lower payment.