Trustee files objection to modification - 4 days late

[LadyInTheRed]

IRS debt is secured only if the IRS places a lien on your property. I suspect the OP really meant that some of the IRS debt became dischargeable because it was past the 3 year window.

As for the deadline, judges tend to have a lot of discretion to extend deadlines.

[13herewecome]

Lady, you are correct. Sorry for the confusion and using the wrong terms in my post.

My original question was regarding the legality of the Trustee filing an objection 4 days late. I guess the answer is that if the judge allows it then it is legal. I thought things would be more clear cut than that. As a debtor dealing with creditors, I have learned the importance of a due date and the consequence of missing one!

Thanks for the info.

[keepsmiling]

Re earlier discussion: If no other claims come in, OP must still pay higher amount, even tho there is no one to pay?
If monies are not disbursed, can tt still claim percentage?

[TheBajan]

Re earlier discussion: If no other claims come in, OP must still pay higher amount, even tho there is no one to pay?
If monies are not disbursed, can tt still claim percentage?

Please correct me if I'm wrong but my understanding is that right now, the OP is paying zero to her current unsecured creditors. We don't know how much unsecured debt there is but it's safe to assume that there must be some sort of debt or she wouldn't be filing BK. Under that assumption, even if no other claims than the current ones come in, OP can still be made to use full DMI to disburse to the current creditors. So the percentage that she will end up paying to unsecured may move from zero to 1, 2 or even more [percent] depending on the DMI. It didn't sound like the trustee was raising her payment... only rejecting the idea of lowering it based on her current DMI being unchanged. Does that make sense? That's the way I understand this situation and there's little info to go on so I am making certain assumptions. If anyone with more experience sees it differently please reply. I'm very much in a learning state here and I don't want to give wrong information.
Cheers!
The Bajan

[LadyInTheRed]

Re earlier discussion: If no other claims come in, OP must still pay higher amount, even tho there is no one to pay?
If monies are not disbursed, can tt still claim percentage?

Yes, the trustee gets a percentage of the monies disbursed. We know that at least the IRS filed a claim, even if it was lower than expected. The OP did not say that other creditors did not file claims. Even if the IRS is the only creditor to file a claim, the plan must commit all of OP's DMI to the plan until that claim and the trustee's fee is paid or the 36-60 month commitment period is over. The OPs DMI does not decrease because some creditors failed to file claims or because the IRS claim was lower than expected. But the Chap 13 will be completed early if the OP makes enough plan payments to payoff the IRS and the trustee, assuming there is nothing else included in the plan, like attorney fees.