When we received our order confirming plan, our payments were to be $1500 for 36 months. I recently received a letter from the trustee's office notifying me that our percentage to the unsecured creditors had been raised from 0% to 45.55%. The letter stated that this would NOT change our payment. I check NDCs website regularly to make sure payments have been posted, etc. and the total it shows us paying in is $90000, which is $1500 for 60 months. Even though the letter stated that our payments would not change, could that have added on 2 more years without notifying us?
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Under the new law, chapter 13's are suppose to run for 60 months. Yes, the trustee can lengthen the time and not increase the payments. He must have felt that if you can afford 1500 for 36 months with 0 percent to unsecured, then you could afford 1500 for 60 months with 45.55 percent to unsecured.
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NO you don't HAVE to pay for 60 months under new law, it all goes by your median income, we are only paying 160.00 a month for 36 months.Comment
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And this can be changed after we've received the confirmation, and without notice to us?Comment
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Were you represented by an attorney?Originally posted by beachgirl View Post
Well, let's be a little more specific here, if your income is below the median income and you "need" to be in a chapter 13, then yes, your plan supposed to not exceed 36 months. However, note, most people whose income is below the median file Chapter 7. But, if you're one of those few cases where you are below the median income but can only file chapter 13, then yes, your plan will be 36 months (unless the court orders otherwise).NO you don't HAVE to pay for 60 months under new law, it all goes by your median income, we are only paying 160.00 a month for 36 months.
Today 09:37 AM
However, if you are above your median income and you have at least $100 per month of disposable income, your plan will be 60 months, unless your disposable income is enough to pay your unsecured creditors 100%.
In this case, with a $1,500 per month chapter 13 plan payment, I am fairly confident that beachgirl is not below the median income.Last edited by HHM; 12-09-2006, 06:43 AM.Comment
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I would say in this case, if someone is paying 1500/month they are well above the median income and would fall into the 60 month catagory.Originally posted by dac67 View PostChapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
Plan Confirmation 6/16/06 :yahoo:
Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:Comment
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