how strict is your budget during ch 13?

[sunflower71]

I don't know why. Like I said, our income did not change. The budget we submitted with the plan did not change.

[shark66]

Well, guess what: you are the client and the one paying their bill.

They must work with you.

They don't have to explain everything in detail, though.

If the trustee is coming back and looking for more money, that is really your attorney's screw-up as well as *their* problem. Present it to them that way and don't take "no" for an answer.

Imagine what kind of support you're likely to receive once you're in a confirmed plan that you can't handle. Right.

Show some teeth...

Good luck to us all.

[mountanddo]

Ok well, my attorney submitted my plan with my budget and my DMI at $100/month for 36 months. If that had changed and my income did not and my budget did not, I would park myself in my attorney's office and demand to know the reason WHY it changed. Like I said, they have raised your payments twice since you filed. Did you not receive ANY paperwork regarding the payments being increased?

[sunflower71]

The first time was right after our 341 meeting. My attorney entered something into the budget incorrectly or the trustee rejected the amount. Whatever it was, my attorney was surprised and indignant about it. The only documentation I received from the trustee was a letter telling me what the new payment was. Started paying that amount.

The second time happened a couple of days ago and the trustee is now disputing our DMI, based on expenses listed in the budget. Why was this not objected to earlier, at the same time as the other buget issue? How many times can I expect this to happen before being confirmed?

[shark66]

How many times can I expect this to happen before being confirmed?

With an attorney who's missing skills and/or backbone, and a trustee who's aware of it, as many times as the latter deems fit...

Good luck to us all.

[kakdbass]

Am I mistaken in saying that your payment is whatever your lawyer proposes until all/any objections are settled and your confirmed? Ex: Our attorney first proposed a payment of $874 we paid that the first month. Then at our 341 the atty that filled in for him said our payment seemed high and he amended our plan and proposed $620, we paid that for a couple months. Trustee objected by saying we weren't contributing all of our dmi to the plan. So, our atty waited until all claims were in and then proposed $545 at 100% to all creditors for 60 months. Then were were confirmed. I guess my point is, if your payment was changed 3 times then your lawyer most likely proposed the new payment and it had nothing to do with the trustee. jmo.

[mountanddo]

Ok, it's time to sit down with your attorney and figure out exactly what expenses are causing you to have your DMI increased. Sounds like your attorney isn't too competent. Looks like you might have to take the reins and research and figure out how to fix this. It is probably to late to switch attorney's. Now if your attorney is telling you that what you want to put down isn't flying with the trustee then that is something you are going to have to come to terms with. Possibly your attorney was trying to submit the plan based on your desired budget and it didn't work out to your advantage. A good attorney wouldn't of filed though without making very clear what would fly and what wouldn't.

[karm43]

I think we all need good attorneys. The question is will the trustee give you a break....

[shark66]

I think we all need good attorneys. The question is will the trustee give you a break....

Not really.

One shouldn't, in all fairness, expect to get "a break" from the trustee. They are in the business of representing the creditors, not the debtor.

If one feels that their trustee is out of line, the objection is to be brought in front of the judge who will ultimately decide on the matter at hand.

Good luck to us all.

[momofthree]

Have you reviewed the IRS standards for expenses? Are any of your expenses over those figures? Do you have documentation or special circumstances to warrant the higher expense?

Here is a link to IRS guidelines used by the bk courts: http://www.justice.gov/ust/eo/bapcpa...anstesting.htm

[kornellred]

The trustee has no authority to raise payments prior to confirmation. Your petition proposes a monthly payment based upon the ostensible facts of your case. The debtor pays that amount until confirmation. If the trustee has objections he or she will outline them and propose a payment amount that is different from the original unconfirmed proposal. If the BK judge, trustee, and your attorney come to an agreement, the modified plan will be confirmed and the debtor will begin to make modified payments. If the plan payment is more, the debtor will make up the difference either in a lump sum or amortized across all of the remaining payments.