Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Payment went up another 721.00 three years into chapter 13

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  • Payment went up another 721.00 three years into chapter 13

    Back in April I received notice my payments are to go up $721 (this would be third time) Our payments are already $2392.00 a month. That would be $3113.00 monthly. Our take home pay is $4000 so we would be left $890 a month for a family of 8 to live on. We have been struggling with just the $2392. I called my lawyer and he tells me to not worry...file a modification...which I been trying but my lawyer is a quack and keeps messing it up. Now when I went to check online at my chapter 13 case is says I am delinquent $2163.00 which is 3 months behind. WTH? We have payroll deduction but I guess this last increase was self pay. Does this even seem right? Can they dismiss our case since delinquent?

  • #2
    I read your other posts and it appears that you are paying mortgage and car loan arrears. If your payment keeps going up, I am guessing it is because either you had a step plan to make the earlier payments easier or their was an increase in your regular monthly mortgage payment and the increase in the plan payment is to cover it. But, if that guess is correct, there would be no room to modify the plan without surrendering your home.

    When you check your case online, does it show how much is left to pay on the arrears claims?

    It is odd that there was a plan increase, but your withholding didn't increase. You do need to talk to your attorney and understand the reason for the increase and what you can do about the delinquency. Your case can be dismissed for a delinquency, but it won't just happen out of the blue. The trustee would file a motion to dismiss and you would have an opportunity to oppose the motion.

    I suggest you make an appointment to meet with your attorney so he can explain what is going on and your options.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


    • #3
      I concur that you should schedule a sit-down appointment with your attorney and review just where you are in the case. It reads to me that you simply may not be able to afford the home. I remember when my payment went over $5,000/month and I decided to convert to Chapter 7 and be done. My case was interesting because I was able to get a modification, without the need for a trial period, after to conversion to Chapter 7 and my payments dropped back down below $3,000/month. I was ready and willing to just let the home go because, at $5,000/month, even though I could "technically" afford the home (it was 30% of my salary), I would want much more house if I were paying that -- and I didn't want "much more house" than that.

      If the modification doesn't work you'll need to arrive at a conclusion which may include surrendering the home. While you do have a large family and finding accommodations for a family that size may be tough (at least in some places), the reality may be that your current home and accommodations are just not affordable.
      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

      I am not an attorney. Any advice provided is not legal advice.


      • #4
        Thanks for your input. My lawyer is so hard to get a hold of. Takes about 20 phone calls before he calls me back. He told me increase was because my mortgage went up but i called my bank and they said it went up $17 a month. Looks like the payments I have been making would have not fulfilled my arrears (that's my opinion by what I keep adding up since I can't get a hold of anybody yet) so they added the $721 to make sure its paid in full. I just don't understand why they just caught this 36 payments in....
        the modification I am trying on my own but my lawyer has to give permission and he sent it to wrong bank...then he put the wrong company names on the letter....he's horrible! The lady I talked to at my mortgage company was very helpful...she said IF I get the modification approved then it might help since the arrears would be wiped away.


        • #5
          Your plan should outline any step up in payments amount -- did you review the plan document?


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