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Payment Plan Changes

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  • Payment Plan Changes

    We are almost 6 months paying into an unconfirmed plan. My payment has gone from $800 a month to $1600 (decided to include vehicle payments) to now $2132 a month. Our income and expenses have not changed. Trustee came back to my lawyer with a motion to dismiss cuz we are $5800 delinquent. Apparently she has the right to retroactively apply the new amount to all the past months!!! So now we have to pull all that money off the invisible money tree in the backyard before our next confirmation date and be current. Anyone else been here????? Don't know what that to do....ready to scream

  • #2
    I have not been in that situation, but I gotta ask, can't the $5800 be spread out over your remaining months, meaning that your attorney would propose a new plan to reflect that, a plan that can get confirmed? It would be helpful to know if you are on a 36 or 60 month plan. If your income and expenses haven't changed and you are paying $800 a month of car payments inside the plan, what accounts for the additional $532 a month to bring you to $2132?

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    • #3
      It's a 5 year plan. The trustee will not confirm the plan until we are caught up. Was just talking about the scenario with my husband and we realized since we were still paying the vehicles outside the plan the first 3 months, we should not be required to make up the extra $800 a month for that time period. It would be like double paying the car payments! But my trustee truly seems to have it out for us. Other stuff inside my plan include some old child support arrears my husband owes and amounts he owes for a business we had that went under. I'm calling my lawyer first thing in the morning to see what we can do about this extra money they want me to pay. Basically they want to tell the trustee that on top of my $2132 payment I will split the $5800 over 3 months....insane right??

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