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Is this normal for Chapter 13?

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    Is this normal for Chapter 13?

    Hello All,
    This forum is great — thank you!
    We just passed the three-year mark of our five-year Chapter 13 plan. We're only paying back about 10% to the creditors by the time all payments are completed.
    Here’s my question/concern: we’ve never had any contact from our Trustee — no requests for tax returns, pay stubs, or anything else. When the plan was confirmed, I was unemployed, but my wife was working. I found a job about six months into the plan and contacted our attorney. He said there was no need to report the change, as it’s not required under the way our plan is written. Does that sound accurate?
    I’m wondering — when we reach the end of the plan, will they ask for tax returns or audit our finances? We’re in need of a new car but don’t want to “poke the sleeping bear.”
    Any thoughts or insights would be appreciated!

    #2
    It depends on the State in which you filed. In Florida, we require annual tax returns and reporting any increase in income > 10% annualized unless in a 100% plan. If you are in a State where the Trustee doesn't require tax returns and only requires you to keep up in plan, then you are lucky.

    If you need to buy a new car you must seek permission so you will be poking the bear.
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      For some trustees it would be normal to only ask to review documents if there was a change to your finances. If your attorney said you didn’t need to share with the trustee about your job, you should listen to him. Keep in mind, at the end of the plan the trustee may want verification, but provided you followed the plan it shouldn’t be a problem.

      Comment


        #4
        our trustee is the same way, I report changes to my attorney all the time and he said don't worry about it, the trustee has never asked for anything after plan confirmation, tax returns or anything, they simply don't appear to care in this district as long as the payment is made. I've quit a job, started another one, sold cars, bought cars, all of which the attorney said the trustee could care less about. Of course if I won the lottery or something that would be different but we have so many children too that even a larger income boost would be offset by extra child care costs we didn't include to keep the plan feasible in the beginning.

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