Can the Trustee Unilaterally Up the Base Amount?

[Nomad]

OK, I had the judge stop garnishments in May after I had already overpaid my base amount by $12K. Up until yesterday there was $18K of unused funds in the account. Then I looked today and the Trustee (there is a misnomer if ever I heard one) had dispersed all those funds, kicking the base up to the total amount that was in the account.
I am sick in my stomach. Needless to say I emailed the trustee a request of what happened and how that happened. I was never notified that the base was changed, and I thought that was set by the court in the beginnig when I started this goat rope.

Anyway, if anyone has heard of a similar experience I'd really appreciate hearing about it. Regardless, I have that sinking feeling of being taken again by the powers that be. I wish there was a recourse.

[enginegirl]

I believe, this can only be done if your plan is not 100% payback

[Nomad]

I believe, this can only be done if your plan is not 100% payback

Well, that is where I am.

[enginegirl]

The trustee should not be paying more than you owe at 100% payback plus fees... I would contact your lawyer if I were you....

[Nomad]

The trustee should not be paying more than you owe at 100% payback plus fees... I would contact your lawyer if I were you....

I'm sorry, I was not at a 100% payback. It was less, what gets me is that I'm at month 61 after filing and month 57 after confirmation. There should have been some sort of notification on upping the base. I thought the court order was the agreement and the trustee just ups things unilaterally by $12K. Not cool.

[NowImDownInIt]

You need to contact your attorney now. You're saying that you're in month 61 now, but you said that you stopped garnishments in May? What month were you at when you stopped paying?

[enginegirl]

I'm sorry, I was not at a 100% payback. It was less, what gets me is that I'm at month 61 after filing and month 57 after confirmation. There should have been some sort of notification on upping the base. I thought the court order was the agreement and the trustee just ups things unilaterally by $12K. Not cool.

It is a bunch of phooey..but if you're not paying back 100% they will take take take.... mine wants, every single tax refund, pay raise, bonus, gift, my left ovary, and my wisdom teeth (although I can't afford to have them taken out just yet given that she it taking EVERYTHING for the next 60 months... oh and the 6 additional that I have been pay prior to confirmation) ... bitter much?? why yes yes I am......

[Nomad]

You need to contact your attorney now. You're saying that you're in month 61 now, but you said that you stopped garnishments in May? What month were you at when you stopped paying?

The court order was "about" the 56th month of our 48 month program. I have called the lawyer, and he said to wait for the final report to come out because the online stuff isn't always correct. I hope to have a response from the trustee tomorrow.

[soccermom]

Oh that really sucks... I was happy because I noticed today that the trustee paid out what I hope is the final payments to creditors in our case also today. They must be trying to clean up all the old cases. We still have an overage of 3000 over the base that I was assuming will be coming back to us. Maybe I better not count those chickens yet.
What is your status on NDC. Ours is something like K) funds returned to debtor, it was J) funds paid to creditor before this last round of payments.

[Nomad]

Oh that really sucks... I was happy because I noticed today that the trustee paid out what I hope is the final payments to creditors in our case also today. They must be trying to clean up all the old cases. We still have an overage of 3000 over the base that I was assuming will be coming back to us. Maybe I better not count those chickens yet.
What is your status on NDC. Ours is something like K) funds returned to debtor, it was J) funds paid to creditor before this last round of payments.

Mine is K also. It was J up until yesterday.

[justbroke]

This sounds unfortunate and perhaps was done in error. I have actually read cases where the Chapter 13 Trustee was sued (via complaint) and lost for doing things like this. You really need to pounce on your attorney. Your attorney may even say they're done and you haven't paid the attorney to handle this... but you have in a Chapter 13 context.

The key will be what was the plan base and what was the Trustee entitled to disburse. Remember, it's not the actual Trustee that drafts the checks, it's the Trustee's assistants. It could be an error, or it could be that your base plan wasn't enough.

Also, if you were required to surrender your tax refunds -- which you are required to do in Florida from what I can tell -- then that amount DOES NOT COUNT towards your plan base. It would be additional above the plan base. Additionally, I never trust the numbers and percentages in 13DataCenter.

[Nicollette]

Additionally, I never trust the numbers and percentages in 13DataCenter.

I never use 13DataCenter. I always use 13network. Do you think 13network would be more accurate than 13DataCenter, or do they both basically have the same info?

[justbroke]

I never use 13DataCenter. I always use 13network. Do you think 13network would be more accurate than 13DataCenter, or do they both basically have the same info?

It's up to the Trustee as to which one they use (one or both). I don't trust anything on there accept the disbursements (payments). The creditor matrix and % are all wrong (were all wrong) on mine.

[Nomad]

It's up to the Trustee as to which one they use (one or both). I don't trust anything on there accept the disbursements (payments). The creditor matrix and % are all wrong (were all wrong) on mine.

Well, the disbursement check numbers were issued to the tune of $18K +, which dispersed every cent right up until I had the garnishment stopped. Therefore, I have to believe that the change in base was real. I sent an email to the Trustee requesting an explanation and an email to the lawyer saying let's sue the Trustee to get that money back, and asking how the Trustee modified the base without telling us. There was no notification from the court. I don't want to just drop this and play dead.

Oh and the mortgage company says the trustee is 2 months behind on the mortgage.

[justbroke]

Therefore, I have to believe that the change in base was real.

The base is just what's set at the time your case is confirmed. That's the base. Anyting above that comes in, like tax refunds that are surrendered, may appear to reduce what's left to pay on the base, but skew the number in 13DataCenter (and 13Network). Hopefully your attorney can figure out what happened.

Did you have to surrender tax refunds and did you actually surrender any?

I'm glad that your attorney and you are willing to fight. I myself wouldn't sit idly by either.