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Increase in payment at confirmation and car question

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  • Increase in payment at confirmation and car question

    Question - we had our 341 and it went ok on 7/22. Right after that, the Trustee filed a motion to dismiss saying we were not paying all disposable income. Technically, she is right since we surrendered a car. I re-did Schedule I and J per my attorney's request since my H now has a full-time salaried job and after all expenses (eye exams, prop taxes, 401K loans, groceries and diapers, school lunches, insurance, etc.), I show about an extra $300 they can take on top of the $863 they are already getting from me. If things were left the way the original docs were filed, it would be an extra $700. My attorney has not returned my calls since I gave him new numbers. My confirmation hearing is the 9th of September. Can they increase the payment there without notification? How does that work?

    Also, we kept a car and motorcycle. The motorcycle is not working out due to weather and H's job has him going to work very early in the a.m. We both work on the opposite side of town we live, so I am driving that route sometimes twice a day. I have called and left a message about surrendering the bike and buying a 97 accord from a friend for $1000. She is willing to let us make payments at $200 a month. Would it be reasonable for a trustee to let us do this? Our other option is to cut our other expenses in order to buy it anyway.

    Any thoughts on both would help me since my attorney won't call me back. I know he has to be VERY busy.
    Secured Debt $196,500 Unsecured Debt $128,000
    Filed C13 5/29/2009
    341 Meeting 6/22/09
    Confirmed 11/30/09

  • #2
    Originally posted by 1aliasfan View Post
    Can they increase the payment there without notification? How does that work?
    Your lawyer is working with your trustee behind the scenes to resolve this. Keep trying to reach your lawyer to discuss what's going on. Make an appointment before Sept 9 to see him in the office if needed.

    If your lawyer and the trustee reach a consensus before Sept 9, your lawyer will contact you to discuss what he recommends you do. Your payment does not change until you (through your lawyer) and your trustee accept the amended Ch 13 plan and the updated plan is filed with the court.

    If your payment changes with the amended plan, then your monthly payment will be recalculated. After the amended plan is confirmed, you'll start making the new plan payments with the updated amount on the next date your Ch 13 payment is due.

    Would it be reasonable for a trustee to let us do this?
    You won't know unless you have your lawyer ask. It's a reasonable plan so I hope your trustee will allow it.

    Our other option is to cut our other expenses in order to buy it anyway.
    This is the best option, but since it looks like your plan miay be amended anyway, it's the perfect time to deal with replacing the motorcycle anyway you can.

    Keep calling your lawyer every few days and leave messages until you get a call back. If you have to, make an office appointment to talk these issues over with your lawyer face to face.

    Good luck! Please keep us posted about what you find out.
    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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