100% payback - Can trustee force term less than 60 months

[dmc-2008]

Dont feel badly, i thought about it back in 2008! I would be done by now!!! Whaaa

[JimKutkowski]

What did you do Jim? I have read several cases where the (Chapter 13) Trustee tried to imply that DMI means DMI, but it was a losing argument when it came to a 100% plan. I have also read cases where the Trustee prevailed. Doesn't "plain language" mean anything anymore? Did Lanning affect this?

Sorry been busy.

Essentially dealing with a Chapter 13 trustee is about relationships. I've been working with the same three trustees for eight years now, so when I tell them look DMI says $1600 but we know $1200 is more realistic and its a 100% plan, I can get it through. If you have an attorney who does not have that relationship they may pull out the DMI hammer.

Also if necessary, your attorney can press for confirmation in front of a judge. Our judges are so conservative that they make Ralph Reed look like a Liberal, so I try to avoid that sort of a confrontation because I'll usually lose.

At the end of the day, the trustee doesn't get paid unless the client's plan confirms and pays, so they have every reason to work with your attorney.