plan modify in deny

[UNDERMICH]

Greetings to all, we did our first modification to our 5 year plan and trustee does not agree with our lawyer proposed new payment. The trustee proposed a higher amount stating that this would make the plan go over 60 months (ours would).The reason we did this is because we have stopped recieving childsupport payments effecting our income.I think the next step would be for a judge to make a ruling. If so can this amount still be lowered? just some general thoughts we have. Any help would be great. thanks

[lrprn]

...we did our first modification to our 5 year plan and trustee does not agree with our lawyer proposed new payment. The trustee proposed a higher amount stating that this would make the plan go over 60 months (ours would).The reason we did this is because we have stopped recieving child support payments effecting our income.

The bk law states clearly that plans cannot exceed 60 months. If the payment you proposed makes you pay more than 60 months total, then the plan can't be confirmed.

I think the next step would be for a judge to make a ruling. If so can this amount still be lowered?

Your bk court judge will only get involved if your trustee and your lawyer cannot come to an agreement that resolves their different interpretations of the bk law.

What happens with your payment will depend on what kind of agreement is reached by your trustee and lawyer. If they can't agree, how the judge rules on the briefs supporting each side will be the final decision-maker for your payment amount.

[UNDERMICH]

Thanks for the reply IRPRN.. just sounds odd that the trustee says the the plan may go over 60 months causing the plan to be discharged. How than in 5 years change anything in a plan you have life changes, child becomes a teen (needs car) , our car breaks down (need new one) . just seems like a bad come back from the trustee.

[debtinohio]

Thanks for the reply IRPRN.. just sounds odd that the trustee says the the plan may go over 60 months causing the plan to be discharged. How than in 5 years change anything in a plan you have life changes, child becomes a teen (needs car) , our car breaks down (need new one) . just seems like a bad come back from the trustee.

This is why you pressure your attorney into a workable plan from the start. A teen needing a car is not a hardship, they can buy their own or take the bus to school, for your own car $$ for repairs should have been in the budget for that or a good solid car should have been secured before the start of the plan.

[UNDERMICH]

Concerned

Hello, I am currently trying to modify my chapter 13 plan since my child support has stopped. When they originally set up our payment they used child support in the amount of income that we received an determined the payment with me receiving it. My option is that child support should not have been included since it is not steady.(I have only received 1 1/2 years worth in 14 1/2 years). So when the modification was sent to the Trustee, she is stated that our plan is a pot plan not a precentage plan, and she is trying to get the judge to deny the modification. She stated that the decrease in payment would make the plan go out of 60 months and we would be in violation.
How can they use a income that is not steady to be included in our monthly payment and when that income stops not modify the payment to be lowered. Sometimes I think they do not want you to suceed at the plan and that all the money you pay them goes into there pockets. I wonder if I made the right decision in filing!!

[forgotten]

It sounds like you are only paying enough to cover priority debt, secured debt, and pre-petition arrears, which is why your payment amount can not be lowered. As your trustee mentioned, your plan can not go past 60 months, this is a clear part of the BK law and there is no amount of negotiation that can change that.

If you can't afford everything you will need to look at surrendering some of your secured property to eliminate some of the debt that needs to be repaid.

[UNDERMICH]

The trustee did come down on the payment, but did not match our proposed modification payment. Just have to wait for the offical word I guess.

[debtinohio]

[UNDERMICH]

Just got a date for notice hearing on our plan modification. Do Debtors usually have to attened? Has anybody gone thru this?

[SVO351]

They should not have included child support payments in your income. Ours didnt...the childrens father hadnt paid since April 2009 and we told our attorney that. He did not include that income in our calculations.

[UNDERMICH]

They should not have included child support payments in your income. Ours didnt...the childrens father hadnt paid since April 2009 and we told our attorney that. He did not include that income in our calculations.

We where recieving payments in 6 month period before filing (did vary so an average was taken), but now zero for a few months. Maybe our timing was bad - should of waited before signing papers... not sure.. lawyer said we can modify plan so here we are.