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    Payments to Trustee gone up significantly

    Hello, this October will be 3 years in a 5 year plan for me. When I got confirmed my payment was 2900 per month. Now they have gone up to 4500 per month. I had a second mortgage that was supposed to be discharged, but I see that I am paying on this. Any thoughts? It seems that I am being set up to fail here. Have not missed a payment yet though.
    Thanks

    #2
    How did you find out about the increased payment?

    Generally, payments just don't "go up". What may have happened is you have what is called a "step-up" plan. Meaning, you pay so much for a certain period of time, and then the payment increases. Keep in mind, your 2nd mortgage, if it is being discharged and stripped, still participates in distributions that go to your general unsecured creditors.

    However, without more background on the plan, your situation, all we can do is speculate.
    Last edited by HHM; 07-24-2012, 04:32 PM.

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      #3
      It did have a step up plan. This was not revealed to me initially. I kept getting amendments to my plan and the last one reflected this new payment. Without any raise in salary it just seems steep to impose a $1600 per month increase. When I signed on at the lawyer for 13, step up was never discussed.

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        #4
        You need to talk with your attorney ASAP. This continual step-up without you being aware of it just does not seem right. Are you sure this wasn't in your original paperwork, and you just weren't aware of it?
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

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          #5
          You state that the second was "supposed to be discharged." Was a lien strip approved on this? If so, it will be converted to unsecured debt and paid at the same rate as your other unsecured debt. If the lien strip order was never signed off by the judge, then you need to address this with your attorney ASAP.
          Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
          0% payback to unsecured creditors, 56 payments down, 4 to go....

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            #6
            The Step Up would have been in the plan that You Signed. It is sort of hard to deny knowing about it when it is in the paperwork.

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              #7
              This sounds like one of those toxic arms resetting to a higher rate.
              I would look for some kind of foul up in the lien strip or maybe the claim hasn't been reclassified to unsecured or the trustee's office is just stupid and paying it.
              filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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                #8
                It sounds like the trustee was objecting to the plan for various reasons. Which is normal. The attorney then needs to file amendments to address those issues. With that sort of increase, what probably happened is something is being paid off during the plan, like a car, or some expense was not going to last through the plan. Or there are priority claims that must be paid and the plan back loaded those payments.

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