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Trustee monthly payment higher (or same as) then your attorney's?

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    Trustee monthly payment higher (or same as) then your attorney's?

    Assuming all your $$ is/was legit that you put in your work sheet, your attorney will come up with a monthly payment figure. (if he/she has been at this awhile they should know if it's going to fly or not before sending it to the trustee).

    How many people had the trustee come back with a higher monthly amount? (or less or the same)

    Is it actually up to the trustee what your going to pay per month?
    And, if that figure is higher then what your attorney worked out, can you say no thanks Can't, won't live with that?

    The rough numbers our attorney gave us, is a livable plan, but we forgot to ask the "what if" (above).
    In a perfect world every dog has a home, and every home has a dog.

    #2
    Originally posted by PacificBlue View Post
    Assuming all your $$ is/was legit that you put in your work sheet, your attorney will come up with a monthly payment figure. (if he/she has been at this awhile they should know if it's going to fly or not before sending it to the trustee).

    How many people had the trustee come back with a higher monthly amount? (or less or the same)

    Is it actually up to the trustee what your going to pay per month?
    And, if that figure is higher then what your attorney worked out, can you say no thanks Can't, won't live with that?

    The rough numbers our attorney gave us, is a livable plan, but we forgot to ask the "what if" (above).
    The trustee can object to your expenses and/or calculation of your income, that is what could raise your payment amount.

    The trustee didn't like my car payments (at $530 and $460) so I had an objection to raise the plan payment by $300 (i'm in the middle of working out something more complicated that the trustee has agreed upon, but that's a different story).

    If the trutsee insists an expense is not allowed that you believe should be allowed you can always take it to the judge. The judge is the one who actually confirms the plan, the trustee makes the recommendations.
    Filed CH13 - 06/2009
    Confirmed - 01/2010

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      #3
      Originally posted by PacificBlue View Post
      How many people had the trustee come back with a higher monthly amount? (or less or the same)
      Mine was the same, but the Trustee made an error because I am in a 0% plan, but my B22C read $60 disposable monthly income. I'm still trying to get that fixed. My B22C was based on income from my rental that I "forgot" to subtract the entire cost of owning the rental. So instead of putting $0 for income from rentals, I put $440, making my DMI positive ($60), instead of negative ($-380).

      Originally posted by PacificBlue View Post
      Is it actually up to the trustee what your going to pay per month? And, if that figure is higher then what your attorney worked out, can you say no thanks Can't, won't live with that?
      No, the Trustee can only object to your expenses! It's up to the Court to approve the plan.

      Originally posted by PacificBlue View Post
      The rough numbers our attorney gave us, is a livable plan, but we forgot to ask the "what if" (above).
      If the Trustee doesn't like the numbers, you change them or you can fight.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        AWESOME, Thanks forgotten and JustBroke.

        Where last week I was worried sick, couldn't find a lawyer I felt was going to fight for us, and had a ton of stress over me from this and the "C" I'm I'm battling with, things are looking SOOOOOOOOOOOOOOO MUCHHHHHHHHHH Better! (you guys didn't see it, but I danced a jig around my chair just now).
        In a perfect world every dog has a home, and every home has a dog.

        Comment


          #5
          My payment is the same that my attorney worked out, no changes.
          Filed 9/14/09
          Confirmed 12/11/09

          Comment


            #6
            Originally posted by PacificBlue View Post
            AWESOME, Thanks forgotten and JustBroke.

            Where last week I was worried sick, couldn't find a lawyer I felt was going to fight for us, and had a ton of stress over me from this and the "C" I'm I'm battling with, things are looking SOOOOOOOOOOOOOOO MUCHHHHHHHHHH Better! (you guys didn't see it, but I danced a jig around my chair just now).
            You sound much happier! I am so glad you found an attorney that you have confidence in - especially with your other battles. The last thing you need is an attorney that isn't working on your behalf! Congratulations, on getting someone good.
            Filed CH 7 9/30/2008
            Discharged Jan 5, 2009! Closed Jan 18, 2009

            I am not an attorney. None of my advice is legal advice in any way..

            Comment


              #7
              Thanks so much StartingOver08,

              I really needed to dumped our financial worries over to some one I felt we could trust. And yepppper I'm 85.5% happier!! (will be 100% when it's filed, confirmed, and being taken care of.)

              Happier times ahead in the Pacific Northwest!
              In a perfect world every dog has a home, and every home has a dog.

              Comment

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