Rent may increase $200-$300, what to do about trustee payments

[huskydawgs]

Hi:

I currently am paying my trustee $758/months and at the time of me filing for BK, my rent is $800 and I've been paying that for 5 years. I was renting a condo from a friend, but he has decided to sell the place.

I need to find a new rental, but there are no decent places (safe areas) for $800. If I find a place that is $200-$300 more, should I talk to the trustee and make a modification on my trustee payment? It should go down right?

[AngelinaCat]

I would start now by talking with your trustee, or your attorney if you have one, and let everyone involved, know that your situation will be changing. You don't have to give specifics now, as you don't know what your rent will be. But as soon as you do know, inform them of that. You must keep your trustee informed of any changes in your situation that will affect your ability to make your payments.

You said you have been making payments for five years. Aren't you about through with your Chapter 13?

[newbie2]

Hi:

I currently am paying my trustee $758/months and at the time of me filing for BK, my rent is $800 and I've been paying that for 5 years. I was renting a condo from a friend, but he has decided to sell the place.

I need to find a new rental, but there are no decent places (safe areas) for $800. If I find a place that is $200-$300 more, should I talk to the trustee and make a modification on my trustee payment? It should go down right?

Husky, you have to talk to your attorney to see how this is best handled. (Did you file pro se?)
Here is a link to the thread that you created last month about this, and the responses, in case you forgot about it: http://www.bkforum.com/showthread.ph...y-rent-goes-up

[Flamingo]

Debt incurred or increases in rent, mortgage, etc. after confirmation are your own responsibility during a Chapter 13. The only thing you can do in this situation is discuss with your attorney whether or not you will be able to modify your Plan depending on your present financial status. You received marvelous advice in the previous thread you posted. If you filed pro se as the other poster inquired, contact the Clerk of the Bankruptcy Court as to what you should do.

[justbroke]

I agree with Flamingo. Additionally, you write that you want to live in a "safe" neighborhood, and the guidelines don't provide for "safe" neighborhoods. Sometimes, and I don't mean to point the finger at you, Chapter 13 debtors want to live in the "best" neighborhoods with the "best" schools. The IRS expense limits are based on averages, so you'd be in an average neighborhood, unless "average" in your area is pretty decent.

Additionally, what Flamingo wrote is so true. Trying to get your monthly payment decreased can come at some resistance from not only the Trustee but also creditors! The creditors may read your desire to not live in "unsafe" neighborhoods as your desire not to pay what you should. You'd have to prove that there are no "relatively" safe neighborhoods for the rental amount that you want to claim. Hopefully your attorney can fashion a new plan for you that allows you to stay in a "relatively" safe neighborhood without too much fanfare from the Trustee or creditors.