Trustee & Monthly Payment

[Pizzarole]

Hello! I am just filled with questions.

My attorney is proposing that our monthly payments be set at our monthly net income.Which makes sense. However, he told us that the Trustee will probably propose a different, higher dollar amount. I am not on a 100% payback plan. I am wondering what the Trustee's justification is for this? Is his thinking like, "Hey these people don't need this much money for groceries!" I just find it odd if my attorney is using the standard allowances for a family of five to come up with these monthly expenses. How can the trustee ask for more if you just don't have it. I know they are not on your side at all, I am just wondering how they are able to demand a higher payment even after seeing someones net income after expenses.

Was anyone else in a situation like this? What was the outcome for you.

[Carmella]

The trustee may ask for more but may not get it. Have you filed or are you just starting the process and will have the 341 meeting sometime soon? Assuming your attorney is familiar with the trustee/court district he may know the trustee will ask for more. Is the attorney fighting for you to keep the payment where you think it should be?

My situation was different since we were in 100% payback. The trustee wanted more after the 341 meeting when we found a mistake in the calculations. The attorney said, they always will ask for more, he petitioned against is as we were in 100% payback and our payment did not change.

[Pizzarole]

Thank you for your response! I have the meeting coming up and the monthly payment is the one thing that is giving me the most anxiety.

I had no clue that the attorney could even petition against what the trustee proposes.

I hope he does fight it, if the new proposed amount is crazy high!