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Trustee taking long time to update wage order

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    Trustee taking long time to update wage order

    In March of this year Trustee filed objection that my plan income wouldn't fund the plan properly. So he told my lawyer to modify the plan and increase monthly payment 350. Modified plan was submitted and confirmed by judge at end of March.

    So far though, there has bee no wage order change to increase the payment out of my paycheck. I've asked the lawyer several times what's up and she says sometimes it takes awhile. 6 months though? I decided to call the Trustee office and was told go back and talk to your lawyer. Pacer does have the modified plan with the increase in it.

    I am now supremely worried that I will get to the end of my plan and the trustee will do an audit and things will go crap from there. I created a seperate checking account to hold the extra 350 each month just because I'm worried to death. Anyone else have it take this long to have a wage order updated?
    May 2008: Filed Chapter 13
    Jan 2010: Plan Amended and Confirmed! finally plan funds = total funds due!
    Jul 2013: 5 years done! Trustee set to discharge! Woo hoooo!

    #2
    At least in my District, the attorney (or debtor if pro se), is responsible for all wage orders, including having the wage order vacated when the case is converted, dismissed or discharged!

    HOPEFULLY, you have been saving the difference between the wage order and your actual plan payment. Some Trustees will motion to dismiss when you get behind. It reads as though your ATTORNEY is responsible for submitting a Motion to Modify Wage Order.
    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


      #3
      I notice you're in VA - so am I, and ours is just like Justbroke stated - its up to the attorney.

      When we just recently had to have our wage order changed due to hubby's new job - our attorney stated to send him an email / letter with updated information and HE would forward to the Trustee. We did that just this past week and the wage order change was done the very next day by the Trustee. PACER reflected it, I printed it out (and saved it to my computer as well) and the very next day I received the "official" copy in the mail.

      It should not take 6 months - sounds like someone's dropped the ball.

      Comment


        #4
        Thank you so much for this information. I continue to regret this choice of lawyer
        May 2008: Filed Chapter 13
        Jan 2010: Plan Amended and Confirmed! finally plan funds = total funds due!
        Jul 2013: 5 years done! Trustee set to discharge! Woo hoooo!

        Comment

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