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    Payment Increase?

    So I periodically check PACER, and 13datacenter.com.

    And I recently submitted my income tax returns, and the amount of refund in excess of $1,500, per the trustee's instructions.

    I am just over 2 years into a 58 month plan. The original amount of repayment was $611, which gave about 5% to unsecureds.

    Looking this morning on 13datacenter.com, I see the payment amount is increased to $884! There is no accompanying paperwork on PACER that shows an amended plan has been filed, or that payment has been increased at all or anything! Nor have I gotten anything in the mail.

    What do you think this means? Will the term shorten? Will it run the same amount of time and just now pay more to unsecureds?

    Who knew this could happen? I thought there would be paperwork. What if I didn't check on 13datacenter and there was my paycheck, which the payment comes out of, short $136.50 (I am paid 2x a month).

    Yikes. I had hoped to just kind of move through this without any increases....my income increased about 20%, though. But it was from part time jobs, for a lot of that increase, to try to not be so desperately hard pressed -- the price of gas alone is out of this world!

    I am bummed.

    #2
    what state and district do you live in?

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      #3
      NY, the northern district.

      Comment


        #4
        Who is your trustee..may I ask? Same district and facing a similar situation except I am in 100% to unsecured.
        Chapter 13 Filed: 11/7/07
        341: 12/11/07
        Confirmed: 2/17/08

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          #5
          Originally posted by cso5@ View Post
          Looking this morning on 13datacenter.com, I see the payment amount is increased to $884! There is no accompanying paperwork on PACER that shows an amended plan has been filed, or that payment has been increased at all or anything! Nor have I gotten anything in the mail.
          So this increase suddenly showed up the month you turned in the extra funds from your tax refund? Does the amount you turned in plus your regular payment match the new amount you are seeing?

          If it does match up somewhat, then it may be just a one-month figure to accommodate your trustee disbursing the extra tax refund money which is not a part of your regular payment structure.

          The trustee can't increase your payment without giving you notice first and providing an opportunity to refute the increase. Check with your lawyer who also would have to be notified if there was a permanent payment adjustment made.
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

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            #6
            Last summer when we requested permission for a car loan, the trustee noticed the increase of our incomes and added $200/month more to our payment and 4k to the credit cards. We got a letter stating the increase was to begin asap. We would have been paid off Apr 09 now its on pace to be paid off Oct 09 and double payments. We normally do not give up tax refunds, tax statements..nothing...it was our stupid mistake showing our increase. We were NOT happy. Your lucky you can check the data center...our district doesnt do that.
            Filed Chapter 13 2/5/2005 Conf 4/5/05
            Payment increased and 4k added to secured debt due to payroll increases July 2007 Trustee Approves refi April 2008 Waiting on mortgage company to put it all together to pay it all off!

            Comment


              #7
              Originally posted by lrprn View Post
              So this increase suddenly showed up the month you turned in the extra funds from your tax refund? Does the amount you turned in plus your regular payment match the new amount you are seeing?

              If it does match up somewhat, then it may be just a one-month figure to accommodate your trustee disbursing the extra tax refund money which is not a part of your regular payment structure.
              YES. That is exactly what happened here. I called my attorney's office, and the usually very helpful paralegal was all -- we have nothing to do with 13datacenter.com. I suggest you call the trustee's office.

              Which I did, and they confirmed that it's the one time payment reflecting the $273 in income tax refund money I sent them.

              Phew! That is a relief.

              Comment

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