Can the Trustee Unilaterally Up the Base Amount?

[soccermom]

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

We seem to be on the same timeline here at the end. My creditors were paid yesterday too, but only up to my base amount. I am still showing the overpayment as balance on hand, so it looks like in my case they didn't take more than the base amount. I am hoping in your case it was just an error and things will straighten out quickly for you.

[justbroke]

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

The Trustee does actually STOP paying the mortgage after a certain point. This is known as the "interim" period between the debtor having completed the plan and the discharge. You can actually get in serious trouble at this point, and it wouldn't be the Trustee's fault in most cases.

I hope that your attorney is on top of that mortgage payment as well. It's significant that you mentioned it.

[Nomad]

Here is the response from the Trustee...

Your plan base was increased. The reason for this is due to the fact that originally your plan was set up for 50 months. However, this office has made 62 mortgage payments to your mortgage company. If you have any questions or concerns regarding this matter, please contact your Attorney. Thank you.

I suppose other than it going more than 60 months I have nothing to complain about.

[Pandora]

Nomad you sure have been through it - so sorry


If your plan was set for 50 months - how on earth did the Trustee pay 62 months of mortgage payments, yet is behind 2 months?

Thats confusing.

[Nomad]

I don't know, I'm just planning on making extra payments in my budget. I'll just be glad when it is all over. It looks like this Chapter 13 is almost ready for discharge. 62 months.... I sure am a different person than when I started this goat rope.

[kornellred]

I do not think that a Chapter 13 trustee can do anything "unilaterally". A confirmed payment plan can only be altered by Court order. I suppose that a trustee can unilaterally propose to amend a plan, but not without giving sufficient notice to the debtor.
It seems as though your trustee has made a few errors.

[Nomad]

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.

I didn't surrender the tax returns, raises, or anything else but those items were pittances anyway. After I add up 12 months of mortgage payments we are really close to the amount that was sitting idly by. The lawyer said they did me a favor paying the mortgage until now. I did the math and the mortgage payments that were made are really close to what was reported as being paid in. The lawyer doesn't think that there is anything to fight for and at this point I tend to agree. I just want discharged. Too bad we can't get a "Section 8 Discharge" from this insanity.

[soccermom]

Well I am glad things are almost over for you. Perhaps you are showing as two months behind on the mortgage because they would not have time to receive the checks that were just cut the other day. Since we are on the same timeline now I will be watching for you to receive that discharge and hope that mine is right behind yours. You are 62 months and we are only 61 months (36 month payoff). Insanity is a good word to describe the journey....

[justbroke]

The lawyer said they did me a favor paying the mortgage until now.

That was a HUGE favor they did you specifically due to the "interim" period issues that many debtors have trouble with.

I did the math and the mortgage payments that were made are really close to what was reported as being paid in. The lawyer doesn't think that there is anything to fight for and at this point I tend to agree. I just want discharged. Too bad we can't get a "Section 8 Discharge" from this insanity.

You'll get a "section 8" discharge! Only it will be Section 1328!