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Moving during confirmation of Chapter 13.

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    Moving during confirmation of Chapter 13.

    Hi all,

    As of right now I am still trying to get my plan confirmed (some very minor hiccups in paperwork), but should be confirmed here soon. I wanted to get some input on a situation I'm currently in. I currently rent $1000 a month, and I've been informed with the inflating housing market that the owner wants to sell the house I live in. Most likely I will be moving in with my girlfriend who has been looking for a house in the next few months, which I'm happy about because I won't be paying an arm & a leg for rent.

    A.) Will they have to re-evaluate my plan?
    B.) I'll most likely be paying $500-600 for rent, will the trustee like that I freed up $400.00 or am I able to save any of this money?


    #2
    If the trustee looks at your confirmed or uncomfirmed plan again because the change of address suggests a housing payment change (moved to a different area with noticeably cheaper housing of the same type), you cannot pocket any of the savings unless you are in a 100% plan. If you were confirmed and then submitted a change of address and said nothing else, they might just let it go. While unconfirmed, you are more vulnerable to changes. If you're uncomfirmed but the plan is a done deal between your lawyer and the trustee attorney, they still might let it go. Can't really guarantee the outcome. If your lawyer was any good and has done many dozens of cases with this particular trustee, your lawyer can advise you if the change of address triggers a plan modification.

    Comment


      #3
      I moved towards the end of my Chapter 13, but my payments actually went up. I only filed a change of address. Since I was self-represented, I notified the Trustee.
      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.

      Comment


        #4
        When we went for our 341 meeting we didn't realize that since our daughter graduated college literally the day before our budget was changing. We had $200+ set aside monthly towards college. When trustee asked "when our daughter would graduate" we were like 'yesterday!' and that set off the request to up our payment in that amount. And it's not like daughter had full time job set up, she had an internship that was just above minimum wage and no health benefits, etc. In other words we were still paying for a lot of her expenses even though she was of age and a college graduate.

        We are in 100% payback so the attorney disputed the increase in payment and we did not have to pay it. Attorney said that the trustee will always try to increase the payment if they can. I assume if we were not 100% they would have added that money to the payment.
        I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13!

        Comment


          #5
          Originally posted by Carmella View Post
          We are in 100% payback so the attorney disputed the increase in payment and we did not have to pay it. Attorney said that the trustee will always try to increase the payment if they can. I assume if we were not 100% they would have added that money to the payment.
          That's what I don't get. In a 100% plan you do not need to pay DMI. You only need to pay 100% over the life of the plan and that's it. It's either that the Chapter 13 Trustee office is lazy -- they don't look to see if it's a 100% plan -- or simply don't care.
          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.

          Comment

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