Trustee trying to speed up plan after 2 years in can she do that?

[jetsfan2010]

Another idea is that you could offer up any above average commission checks in the future if they agree to keep your monthly payment the same as it is now. For example, if your average commission check is normally $3000, then if you got one for $7000, you'd send them in the lump sum of $4000. That way, if you don't end up with any large commission checks in the future, you're spared the higher payment, and if you do receive them, the tt gets his money without your budget necessarily "feeling" it. This is how yearly bonuses are often treated in the ch.13 plan.

That actually isnt how mine was treated. When my plan was confirmed, the 6 month lookback of income included a sign on bonus I received from my new employer, which alterered the true monthly income. A few weeks ago I went to my attorney to request submitting a new sched I and J due to some increase in expenses(in a 100% payback plan), and so far the trustee stated he would look at adjusting the payment since Im so early into the plan.

[IamOld]

That actually isnt how mine was treated. When my plan was confirmed, the 6 month lookback of income included a sign on bonus I received from my new employer, which alterered the true monthly income. A few weeks ago I went to my attorney to request submitting a new sched I and J due to some increase in expenses(in a 100% payback plan), and so far the trustee stated he would look at adjusting the payment since Im so early into the plan.

THank you Jetsfan...so in other words, there are some reasonable Trustees out there who understand that incomes can decline???

[dlinid]

Are the commissions ever less than $1,000? If not, I think this is why you are running into trouble. If your schedules show an average commission of $1,000 and it is sometimes more than that, it should also sometimes be less than that. If it is always $1,000 or more, than your schedules understated the average commission and your disposable income.

If the commissions are always $1,000 or more, I think momofthree made a good suggestion. Offer to pay the trustee any commission over $1,000. It sounds like having to amend your schedules may not be in your best interests.

I'm curious what caused the trustee to pursue you. Do you have to send her your income tax returns every year?

Yes, we have to send in our signed tax returns each year. We have been in the plan for 2.5 years, so in the beginning and in 2009 our income was pretty much the same, then came a big customer in 2010 and for 6 months during the completion of the sale the commission spiked. It has since gone back down and we can show it. As I stated, our commission before the spike and after is around $1000 and is built into the plan. I do like the idea of offering up whatever is over a thousand, and if the judge says we are to do that we will. But either way, husband wants a hearing and is bent on getting one.

[dlinid]

Another idea is that you could offer up any above average commission checks in the future if they agree to keep your monthly payment the same as it is now. For example, if your average commission check is normally $3000, then if you got one for $7000, you'd send them in the lump sum of $4000. That way, if you don't end up with any large commission checks in the future, you're spared the higher payment, and if you do receive them, the tt gets his money without your budget necessarily "feeling" it. This is how yearly bonuses are often treated in the ch.13 plan.

MOMofThree- Brilliant suggestion! I am going to ask for that if all else fails. Thank you everyone for coming here and helping. I always count on the kindness and sharp assistance from you smart, scrappy group.

[puggymoo]

Hey dlinid,
Are you in southern Idaho also. Our trustee is also a women K MC and she pushed the payments to increase after seeing we had 2 loans being payed off before the end of the plan.. This is called a tiered payment plan. I have talked to the people in her office and they are nice.. You should of seen what some of the people were trying to GET AWAY WITH at the 341 meeting.