Surrendering vehicle after Ch 13

[smegma11]

I am in Florida, I have been in a payment plan on a Ch 13 for over a year. The firsy year was hard. My monthly payment was more than I could afford. All the paperwork and number crunching didn't seem to matter to the Trustee. The paperwork said I could affor $2400 per month, so she made it $2900. Anyway, I was stealing from peter to pay paul by raising my W4 deduction and not paying my taxes. I decided I had to get rid of my car and buy a cash clunker. It will allow me to catch up.

My question is, what will happen to the defficit ($8000) from the sale of my vehicle and the actual loan amount?

Will they just add it to my payment plan?
The vehicle was in the bankruptcy but not in the payment plan.

Thank you.

[SMinGA]

It should just be unsecured debt in your plan.

[smegma11]

So

When they file for the loss, they will just raise my payment in the plan?

[SMinGA]

Unsecured can't raise your plan payment. Any unsecured claims get a portion of whatever you pay, after any priority claims & trustee fees are accounted for. In some cases, that means they get nothing or close to it

[smegma11]

After they get the car back it's considered unsecured? I'm paying 100%. I guess I'll know soon enough.

[SMinGA]

You may be paying 100% based on your ability to repay & the creditors who have filed claims. But unless your DMI allows you to pay more, your payment should not change.

[smegma11]

I would not care if I had to pay it back. If they split the amount over the 4 years left in my plan, it would only be $200 which is cheaper than the car payment I had. I just felt like it was a horribly built car, (chevy Cobalt) made by a bankrupt company and I wanted to take the hit now.
I was only hoping I wasn't doing anything illegal and didn't want my Ch 13 dismissed because of something I did wrong.
Thanks for your help

[smegma11]

All my unsecured debt was paid 100%. it would be nice if they didn't raise my pmnt any. But it seems Trustees can do anything they want.

[debtinohio]

Talk with your attorney first. This could backfire and you could end up paying a higher payment since you no longer have that car payment you have higher disposable income.