fedupwithit no worries at all. I just realized that this is pre-confirmation which is the perfect time to deal with potential budgeting issues. This is also the best time to keep bugging your attorney since they typically use what's called a "no-look" fee up to and including confirmation. In that way, you don't incur any additional attorney fees. (Sure, they may tell you that you don't need to keep bothering them, but you should walk away understanding your Plan and how everything will work for you.)
I'm gathering that the Chapter 13 Trustee told you about the step-up in payments at your 341 Meeting. The 341 Meeting is the time where the trustee may make comments on the plan. However, the period of time between that meeting and the final confirmation hearing, the trustee and your attorney work to an agreeable plan. If they don't agree, and your attorney chooses to go before the judge, then they'll have another hearing where your attorney attempts to override the trustee's objection to your plan confirmation.
But, let's just work on the budget. If you have serious things that need fixing then you should plan those out. This should be the minimum amount to make it workable. It can't be a large project which involves replacing "all" the pipes. It can only be what is immediately necessary and urgent. The Trustees like to think of it as "what would you have done if you had no money?" And that answer is to defer the repairs.
A Chapter 13 will indeed force a homeowner to defer most maintenance. I had to defer all my maintenance, even though my house needed a thorough paint job, interior and exterior, and new carpeting. The sewer issue with my home was urgent. The A/C issue with my home was urgent. The plumbing issue with my home (leaking causing large water bills) was urgent. I dealt with these throughout my plan. It was always something and the HOA liked to nail me on my lawn; I had to re-sod the front lawn 3 times during my Chapter 13... but the Trustee approved it!
In a defense of the attorney, the step-up plan was probably something he didn't expect! Some Trustees don't catch the payoff of the vehicle and are okay with the plan. Other Trustees may see it and mention it at the 341 Meeting. It reads as though your attorney didn't expect it and didn't put a step-up in the Plan. The Trustee's office caught a payoff of a car during the plan and the amount was "significant" enough for the Trustee to care.
In fact, there is hardly anyone who gets by the Chapter 13 Trustee with some objection to confirmation. It is a rare thing to present a perfect plan. The Chapter 13 Plan is part black magic and part art. It is a contract negotiation.
I'm gathering that the Chapter 13 Trustee told you about the step-up in payments at your 341 Meeting. The 341 Meeting is the time where the trustee may make comments on the plan. However, the period of time between that meeting and the final confirmation hearing, the trustee and your attorney work to an agreeable plan. If they don't agree, and your attorney chooses to go before the judge, then they'll have another hearing where your attorney attempts to override the trustee's objection to your plan confirmation.
But, let's just work on the budget. If you have serious things that need fixing then you should plan those out. This should be the minimum amount to make it workable. It can't be a large project which involves replacing "all" the pipes. It can only be what is immediately necessary and urgent. The Trustees like to think of it as "what would you have done if you had no money?" And that answer is to defer the repairs.
A Chapter 13 will indeed force a homeowner to defer most maintenance. I had to defer all my maintenance, even though my house needed a thorough paint job, interior and exterior, and new carpeting. The sewer issue with my home was urgent. The A/C issue with my home was urgent. The plumbing issue with my home (leaking causing large water bills) was urgent. I dealt with these throughout my plan. It was always something and the HOA liked to nail me on my lawn; I had to re-sod the front lawn 3 times during my Chapter 13... but the Trustee approved it!
In a defense of the attorney, the step-up plan was probably something he didn't expect! Some Trustees don't catch the payoff of the vehicle and are okay with the plan. Other Trustees may see it and mention it at the 341 Meeting. It reads as though your attorney didn't expect it and didn't put a step-up in the Plan. The Trustee's office caught a payoff of a car during the plan and the amount was "significant" enough for the Trustee to care.
In fact, there is hardly anyone who gets by the Chapter 13 Trustee with some objection to confirmation. It is a rare thing to present a perfect plan. The Chapter 13 Plan is part black magic and part art. It is a contract negotiation.
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