Modifying Chapter 13 plan.

[momof4]

We are 36 months into a 60 month plan and we have decided that we would like to surrender our mobile home. The payments for the mh are being made through the plan as a continuing debt. We are wanting to surrender because we are moving out of the area and can't take it with us.

Will the trustee let us modify our plan and surrender our mobile home?

Also, what happens if I can't locate/contact my atty? Do I have to retain another? That seems unfair.

Thanks in advance.

[lrprn]

.

Will the trustee let us modify our plan and surrender our mobile home?
Only your trustee knows the answer to that question.

Also, what happens if I can't locate/contact my atty? Do I have to retain another? That seems unfair.
Moving during a Ch 13 does happen. Most people maintain contact with their original filing attorney by email and phone. Hopefully you will be able to stay under the trustee's radar for the remainder of your plan so your need to contact your lawyer in your filing state will be minimal.

[SinkingFast]

You may also have to transfer your Case to the new Court. Another Ch 13 poster here moved recently and that's what they did.

They were Military. Reassigned from Hawaii to Louisianna. They transferred their Case from one Court to another.

I don't know if changing Courts is required. But it's something you might want to check into.

Also,.......... If you're moving to a new location, you'll wanna know how much it's gonna cost for rent and utilities in the new area. Will groceries and clothes cost more than you're used to paying. That type of thing. When you surrender your home, that frees up $$$'s that could be considered disposable income and counted toward your plan payments. So be sure to check on that in advance. Have that information ready for the Trustee as well.

[coma]

You may also have to transfer your Case to the new Court. Another Ch 13 poster here moved recently and that's what they did.

They were Military. Reassigned from Hawaii to Louisianna. They transferred their Case from one Court to another.

I don't know if changing Courts is required. But it's something you might want to check into.

Also,.......... If you're moving to a new location, you'll wanna know how much it's gonna cost for rent and utilities in the new area. Will groceries and clothes cost more than you're used to paying. That type of thing. When you surrender your home, that frees up $$$'s that could be considered disposable income and counted toward your plan payments. So be sure to check on that in advance. Have that information ready for the Trustee as well.

That was us. It was not required, but because of some issues, we decided it would be better for us because we wouldn't be able to make it back to HI on our chapter 13 budget, if we had to appear fro some reason. We were not represented by an attorney at the time, so we'd have to appear ourselves. So rather than fool with the possibility of that, be decided to transfer the case here and hire an new attorney who will handle our plan modifications here.