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Largest item you purchased while in plan w/o trustee approval.

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    Largest item you purchased while in plan w/o trustee approval.

    Just curious, seems they do not sit across your house to spy on you or monitor checking account activities. I even have two unsecurd cards with zero balances of course for business travel. A good friend even purchased a 10k used car half way through his plan.
    California Chapter 13

    #2
    I've purchased two cars (one for $5500 and one for $3100) while in CH 13. My brother gave me the $ for one so it wouldn't show up on checking account activity even if the trustee went looking, while the other one was from tax refunds and savings. But my trustee is not an ogre at all, which is why we've made it 4.5 years now and will successfully complete our CH 13. I really don't understand how trustees can't see this, that yes, you want to make sure people aren't abusing the system since you're a creditor advocate, but you also want to make CH 13 plans do-able so that you can get $ for the creditors for the entire 5-year plan.
    Filed CH 13 September 17, 2007
    Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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      #3
      Do they ever request checking account documentation? Have not read of this occurring to anyone. It took them 1 year from my first creditor meeting to the confirmation hearing which just occurred. This is something new they started as a test case to see if those in the program have higher Chapter 13 success vs those that are confirmed right away. So far we are current on mortgage and everything else. Now a year into payments with 4 years left.

      I have noticed some folks here freak out thinking trustees scan the forum so some do not share their information.
      California Chapter 13

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        #4
        Trustees are far too busy to scan bankruptcy forums. They don't know who you are anyway, and they are not going to waste time trying to find out who confessed to what. If a trustee suspects an individual debtor is not playing it straight, that debtor will certainly find out, sooner or later.

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          #5
          A Chap 13 trustee can ask for financial information at any time they want. But, I have yet to hear of a case where the trustee asked for anything after confirmation other than annual tax returns and periodic income/expense reports from self-employed debtors (but you'd know about that at confirmation). If there is an increase in income, then there may be more questions. Other than that, trustees don't have time to monitor every Chap 13 debtor's spending. To get through their plan, anyone in a Chap 13 should only be making necessary purchases and saving whatever they can for any emergencies that come up. As long as you do that, in the unlikely event the trustee does examine your spending, your purchases shouldn't be a problem, as long as you didn't incurr debt without required approval by the trustee or court.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


            #6
            My understanding is that the only time one would have contact with the trustee is if ones fiscal situation changed, for better or for worse. I have not had any contact with my trustee other than some paperwork on how the monies were dispersed. I am one of the fortunate ones that don't have to turn over tax refunds (which have been less than half of what I was getting) or submit returns, unless requested. I would think logic would dictate that if you don't have a major change in income and you are meeting your payment obligations why would the trustee care. The plan was initially set up and approved by both the trustee and the court, yes? So, if you are not making more money per year than what you were making at the start why would the TT care how you spent what was left over as the TT has already had the opportunity to determine what your disposable income was which in turn established what one could pay to the creditor(s).

            I am with LITR and her statement, "trustees don't have time to monitor every Chap 13 debtor's spending.......anyone in a Chap 13 should only be making necessary purchases and saving whatever they can for any emergencies that come up.". And boy will they.

            But to answer your question, bigger than a bread box.
            Filed 11/10/08

            Discharged 2/18/14

            Comment


              #7
              Good post. I will make my 36th payment in a 36 month plan on the 1st of May and my vehicle (a tool of the trade) broke down beyond what is reasonable to repair it ( $2k repair and I already broke the frame once during my ch13). Anyway, I desperately need to replace it for my job and I was worried that if I got another before the plan is discharged that I may get into trouble. Don't want that this late in the ch13. What I'm looking to get to replace it is about $2,500 and not on credit.
              CH13 filed 5/21/09; 341 6/17/09; confirmed 7/14/09]
              Discharged: 7/25/12

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                #8
                Largest purchase so far was an $800 truck to replace the one I had to retire due to rust issues and not being able to pass WV inspection. I look at it as a necessary purchase to keep going to work to keep up my payments. I am seriously looking into purchasing a motorcycle (cash of course) to contend with the high fuel prices of my daily commute. Had to surrender one at start of bk and really miss it.

                It seems that the trustee(s) will loose the percentage of the fee they collect during your 13 if it fails also. We have only 27 months left in our plan and the trustee has collected nearly $2,500. It would be in their best interst to encourage a completed plan. Of course while getting a fair payout to the creditors. That is the whole idea behind the 13.
                Filed July 2009. Discharged 08/08/2014. Awaiting closing. We made it !!!! Woo-hoo!

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                  #9
                  I hope you are not in a state that starts the 60 month clock after confirmation! I've heard on this board that MI is a state that goes 60 months from confirmation so people have got stuck in CH 13 much longer than 5 years as a result. I am in OH and somehow my base plan and monthly payments didn't match, so it was looking like we'd owe $1500-2000 left at the end of our 60 months so I was worried that the trustee would dismiss us at the very end so when I requested clarification the trustee's clerk said that since we'd never missed a payment, not to worry about it, we could pay off the extra by "extending" the 60-months to 65 and that it wouldn't violate the BK rules since they could consider it still within the 5 years since confirmation... so hearing that a district is deliberately trying to slow down the confirmation clock has me worried, although I hope for naught.
                  Originally posted by chinup View Post
                  Do they ever request checking account documentation? Have not read of this occurring to anyone. It took them 1 year from my first creditor meeting to the confirmation hearing which just occurred. This is something new they started as a test case to see if those in the program have higher Chapter 13 success vs those that are confirmed right away. So far we are current on mortgage and everything else. Now a year into payments with 4 years left.

                  I have noticed some folks here freak out thinking trustees scan the forum so some do not share their information.
                  Filed CH 13 September 17, 2007
                  Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

                  Comment


                    #10
                    Nope, received new revision to payment after confirmation. Payment went up $18 for months 12-60. So that is a good sign.
                    California Chapter 13

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