am I paying more than I should

[wayne-o]

Hello, I am coming down the homestretch of my chapter 13 and would like to know if anyone has experienced this. I filed with an attorney in order to save my home. We had set a budget and listed all of my debts. I was set to do a 20% payback to all of my unsecureds. The trusteed did not object to my expense schedule..The mortgage company had a representative there that objected to the way that my arrears were to be paid. So the trustee did some typing on his computer and boom! I had a choice of going up roughly $250 a month or extending my bk another year. It happened so fast, but I knew I didnt want to extend the length so I said ok.

I have been fortunate to be able to keep tax refunds and use that money for stuff that comes up. However, this is my dilemma.

I had one creditor that did not file claim so I realise that money that would've gone to them will be divided among other unsecureds.

However with still 5 months to go i am at the following junction

Lawyers have been paid
Fees have been paid
Car has been paid off completely
Arrearages are caught up
Trustees fees are current
All unsecureds that filed claims have been paid their 20%

Im paying roughly $1600 a month into the plan with my house payment $1050 being paid through the plan. Leaving the remaining money to be distributed.
At this rate my unsecured creditors will be getting roughly 50%.

Is it possible the trustee made a mistake in his calculations and would it be worth it to me to question it? The increase in plan payments has been difficult to swing.

Would it be worth it to question my attorney (additional fees im sure) or at this point in the game should I just continue with the remaining 5 payments and be thankful the journey is almost over?

[quietsound]

Gosh if it were me i would just make the 5 payments and be done with this once and for all, but that's my opinion.

[HHM]

Just finish the plan...your payment plan is not based on the claims filed, but the debt you owe at the time you file and the amount of your disposable income. There is no mechanism for you to alter your plan based on the claims that actually get filed. The percentage that gets paid to unsecured creditors is a flexible amount...remember, the trustee's job is to act in the best interests of ALL creditors collectively, so if one creditor fails to file a claim, that means the other creditors get a larger piece of the pie.

Also too, unless your income has gone down significantly, your ongoing duty to the BK estate is to pay ALL your disposable income into the plan.

The best time to have addressed this would have been after the claim bar date (i.e. the last date a creditor could have filed a proof of claim). At this stage, you are MUCH better off simply finishing the plan payments.

[wayne-o]

thank you both for your responses...I figured as much. It just seemed weird how the plan changed so quickly. It has not been easy, but I havent missed a meal or anything..haha. Ill just keep plugging and finish it off (yipee!)