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How soon to contact lawyer about modification request

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    How soon to contact lawyer about modification request

    We will be losing my son's Social security survivor's benefits in May. Do I need to get the ball rolling now to ask for a modification of my ch13 payment, or can I wait until I have the letter from Social Security in my hand. We are in Arkansas, and I am not sure how fast the courts will move. I do know that I cannot afford to have them take the amount they do now when we lose these benefits.
    Anyone have experience with asking for modifications and how quickly it works?


    Vicky
    Chapter 13 filed -8/12/04
    Plan approved- 7/11/05
    Date discharged--10-12-2007
    Date closed- 12/6/2007:yes2::yes2:

    #2
    I don't know how soon that will work, but they would like to see the S/S letter. They need documentation paper,paper,paper. You might get it in April . I was raising my grandson (he's 20 now) and he was recieving the benifits he quit school and the benifits stopped. We are still raising his sister and she still gets it.

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      #3
      Originally posted by Senior Citizen
      I don't know how soon that will work, but they would like to see the S/S letter. They need documentation paper,paper,paper. You might get it in April . I was raising my grandson (he's 20 now) and he was recieving the benifits he quit school and the benifits stopped. We are still raising his sister and she still gets it.

      He will be 18 in March, so I am hoping to have the letter in Feb at least. I just don't want to wait until the last minute and be stressed about getting the bills paid. It only took 11 months to get our plan approved, so I have no faith in the speed of the courts or our trustee.
      Guess I should probably go through the hassle of contacting the lawyer's office this week to ask them. Ugh!

      Vicky
      Chapter 13 filed -8/12/04
      Plan approved- 7/11/05
      Date discharged--10-12-2007
      Date closed- 12/6/2007:yes2::yes2:

      Comment


        #4
        According to my lawyer's office, one month will be sufficient. The office said that the paralegal will look at our income and expenses and determine if a modification needs to be made. Sheesh, with the increasing expense of everything, I just don't see how we can make it with the same payment we have now.

        Vicky
        Chapter 13 filed -8/12/04
        Plan approved- 7/11/05
        Date discharged--10-12-2007
        Date closed- 12/6/2007:yes2::yes2:

        Comment


          #5
          Upon careful scrutiny of our income, I have come to the conclusion that I had better stick with the payment I have now. It would appear that the column for my income was based purely on my last year's tax return at the time we filed. Only trouble is that I was off 11 weeks that year on FMLA with my newborn. No OT, and I spaced my sick and vacation time to give me 34 hours a week worth of pay. Hence, when I take my current salary and plug it into the income form, and add it to DH's, we actually make MORE than the budget form they filled out for us 2 years ago.
          I haven't worked up our expenses exactly yet, but am scared to try to get the payments reduced- what if she says we actually need to pay more than we do now? I am attempting to tighten up our budget now, to make it easier to adjust to the loss of 500$ a month.

          Vicky, soon to be queen of the sack lunch/ beans and cornbread for supper
          Chapter 13 filed -8/12/04
          Plan approved- 7/11/05
          Date discharged--10-12-2007
          Date closed- 12/6/2007:yes2::yes2:

          Comment


            #6
            well i would imagine they would want to review the entire expense and income again. i doubt they would want to focus on one thing. i dont know for sure though.
            Im not an attorney or a trustee. You cant trust me either though!

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