10 Months to go received a letter plan modified

[asiano44]

Hi guys. I filed chapter 13 dec 2009 but it was confirmed march 2010. It was doing ok until last week. I received a letter from trustee that the plan will be modified. They increase my payment from 1% to 9 %. They said my dmi is $6.755. I dunno where they get that. My plan base $23,100 and according to ndc I paid 20,084 to the plan . My question is how much do you think my monthly payment will be? Im so concern right now. With the ! % plan my payment monthly is $385 / month. Pls help me. Any ideas. I call my lawyer send and send him email. no reply . thanks

[LadyInTheRed]

Welcome to BKforum, asiano44.

I'd love to help, but I'm headed off to bed and your post is much to difficult to read to give me any hope of responding quickly.

Try replying to this thread and re-posting in complete sentences. That will increase your chance of getting helpful responses late tonight or in the morning.

One question: How long have you been trying to reach your attorney?

[justbroke]

You really need to speak with your attorney. The change in the "total DMI" over the life of your plan may have increased because you are surrendering and have surrendered tax refunds.

[asiano44]

Sorry for my bad English it's my second language I haven't surrender my tax refund I dunno how they come up from this dmi

[asiano44]

once last week I sent him email 2 ill call again tomorrow im so nervous now.

[justbroke]

Do not be nervous. Your surrendered (or "turned over") tax refunds are considered "DMI" (or disposable monthly income). When that happens, the Trustee must account for this and increase your plan base.

If your payment were to increase, you would have been told that your new payment is $X.

[asiano44]

they didn't tell me about my new payment yet he said it will increase from 1% to 9% if theres objection need to send wriiten on may 23 I hope I can afford the payment im so close for my 60 months , thanks for advise need to take my nerve pill hehehe

[LadyInTheRed]

Sorry for my bad English it's my second language I haven't surrender my tax refund I dunno how they come up from this dmi

Good morning! It really isn't your english as much as the lack of punctuation. Now that I have the time, I just edited your first post. I could have made some grammar corrections, but just adding periods at the end of sentances make a big difference. For example, instead of the above, try:

"Sorry for my bad English. It's my second language. I haven't surrender my tax refund. I dunno how they come up from this dmi."

Your English is not too bad. I could make a couple of grammar corrections. But, just adding periods makes a huge difference.

[LadyInTheRed]

I think JB is right that if your plan payment was going to increase, they would tell you the new amount. Try not to worry too much until you talk to your attorney.

Have you had any increase in income?

[asiano44]

Thanks for the correction . I just talked to my lawyer no worries. Everything stays same . I feel relieve now have a nice day.

[spidge]

The way I read the post is that the payback was 1% and is now 9%. Could it be that since not every creditor made a claim those who did will get 9%?

I had quite a few creditors not make claims and once the priority claims are done it leaves much more than the originally listed payback of 3% for the valid claims. That said I could care less who ends up with the money as the plan base will be paid anyway.

[justbroke]

It was very likely the surrendered tax refunds. It is quite common over the life of a Chapter 13 to have the plan base increase, while the plan payments remain constant.

[asiano44]

This is the wording of the letter .This chapter 13 plan must be modified because unsecured non priority creditors must receive equivalent of 60 payments of disposable income shown on form b22 ."statement of current Monthly income ". Form B 22 shows disposable income of $6,755 which will pay unsecured creditors a dividend of 9% or more. Based upon foregoing , the trustee recommends that the minimum dividend to unsecured creditors increase from 1% to 9 %.

[asiano44]

My lawyer said not to worry

[justbroke]

Paperwork issue? So long as your payment is not increasing, it is nothing but accounting.