Originally posted by justbroke
View Post
It a term of art. The Trustee receives their power from 11 USC 1302(b) which says...
The Trustees look to that 1302(b)(4) to derive most of their powers. In fact, the wage deduction order is not found anywhere in the code, but the Chapter 13 Trustee derive that power under the guise of "assisting the debtor in performance under the plan." Remember that the plan is a contract, so the strict Chapter 13 Trustee see that the plan says "dedicate all disposable monthly income to the plan" and by God, they are going to make sure you do that!
I post that because many Chapter 13 debtors don't know why the Chapter 13 Trustee wants to "help' a Chapter 13 debtor. Well, it's their job. And I know the word "help" is used loosely here but refer you back to the Trustee's Duties (11 USC 1302) in the case of a Chapter 13 debtor in a confirmed plan. Again, some Chapter 13 Trustees read the law as "strictly" making sure the debtor "performs" under the plan. The other Chapter 13 Trustees are such that so long as the debtor is doing what the plan says... they don't bother them. Then there are those in the middle.
That's why you get a different vibe depending on several factors;
We all hope for the nice, relaxed Chapter 13 Trustee who just reviews are annual tax returns and usually says nothing about the increase in pay. But, we do realize that there is a spectrum of both District-rules and a specific Chapter 13 Trustee.
It's just the nature of the game. I will always refer back to one of my favorite judges who likes to say "it's a pay to play system." It sounds wrong, but it is so right. How much an individual Chapter 13 debtor has to pay in order to play... is just too subjective.
The Trustees look to that 1302(b)(4) to derive most of their powers. In fact, the wage deduction order is not found anywhere in the code, but the Chapter 13 Trustee derive that power under the guise of "assisting the debtor in performance under the plan." Remember that the plan is a contract, so the strict Chapter 13 Trustee see that the plan says "dedicate all disposable monthly income to the plan" and by God, they are going to make sure you do that!
I post that because many Chapter 13 debtors don't know why the Chapter 13 Trustee wants to "help' a Chapter 13 debtor. Well, it's their job. And I know the word "help" is used loosely here but refer you back to the Trustee's Duties (11 USC 1302) in the case of a Chapter 13 debtor in a confirmed plan. Again, some Chapter 13 Trustees read the law as "strictly" making sure the debtor "performs" under the plan. The other Chapter 13 Trustees are such that so long as the debtor is doing what the plan says... they don't bother them. Then there are those in the middle.
That's why you get a different vibe depending on several factors;
- the facts of the specific case (non-filing spouse, keeping too much, large mortgage, etc)
- a lot of special expenses (while necessary, what the Trustee may see as excessive ancillary expenses, such as private school and elite participation in sports, music, art, etc)
- the district-specific rules (this has a big impact in some areas such as ability to incur debt WITHOUT approval)
- the temperament of the Chapter 13 Trustee themself
We all hope for the nice, relaxed Chapter 13 Trustee who just reviews are annual tax returns and usually says nothing about the increase in pay. But, we do realize that there is a spectrum of both District-rules and a specific Chapter 13 Trustee.
It's just the nature of the game. I will always refer back to one of my favorite judges who likes to say "it's a pay to play system." It sounds wrong, but it is so right. How much an individual Chapter 13 debtor has to pay in order to play... is just too subjective.
Comment