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My 341 experience - payments increased slightly

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    My 341 experience - payments increased slightly

    We had our 341 this week. I got so stressed out leading up to it, but it was pretty painless. The worst part is that I didn't realize that I'd have to go through a metal detector and hand over my phone (because it has a camera?) while I was in the Federal Building.

    We were in the last group of the day, but everyone seemed to be in a good mood. There were a few jokes and pleasantries shared by the Trustee to us in a group.

    During the questioning, the Trustee turned to my attorney and told him that he had made an error on the means test. The result is that he is now asking us to pay $60 more/month than our proposed plan ($1560 vs. $1500). However, since he didn't ask for tax refunds, we'll make that up come April, when I am anticipating a refund in excess of the $3600 ($60x60months).

    The Trustee seemed friendly, and was satisfied with the answers we gave. For example, he asked what house repairs we needed to make, and questioned a few smaller expenses. He nodded with our responses and moved on.

    Our attorney said that he was pleasantly surprised by the Trustee's response, and that 9 times out of 10 the judge will go along with the Trustee's recommendation. I went on PACER today, to find that the Trustee's report was filed, but it is not available to read. Is that normal? I think every other filed document is available for download as a PDF.

    The wage order has not been processed yet by my employer's payroll company, so I have already made 2 payments based on the proposed plan. Since the Trustee seems ok with everything else, I am short for each of the two payments for roughly $60.

    Should I tack that on to the next payment? Should I send a separate check for the difference? Should I wait for the confirmation hearing in January before making an adjustment?

    #2
    Don't add the extra $60 to your monthly payment now. Be patient until your confirmation hearing and just keep making the currently proposed $1500/month payments until your plan is confirmed by the judge with whatever the modified payment will be. The monthly payment increase will be prorated over the remaining months of your plan to make up for the first few short payment months. No worries
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Ok - thanks. Being patient is one of the hardest things to get through during this process...

      Comment


        #4
        Originally posted by lrprn View Post
        Don't add the extra $60 to your monthly payment now. Be patient until your confirmation hearing and just keep making the currently proposed $1500/month payments until your plan is confirmed by the judge with whatever the modified payment will be. The monthly payment increase will be prorated over the remaining months of your plan to make up for the first few short payment months. No worries
        Really??? that is not what my atty told me... I some how have to come up with the shortfall of the last 5 payments from original proposed plan to the final confirmed plan (about $700.00)
        maybe things are different in FL????
        Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....

        Comment

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