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Wife closing home daycare to care for child

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    Wife closing home daycare to care for child

    We have been in the Chap 13 for 14 months now and we have been doing well. My 4 year old son was born with a digestive system defect that leaves him unable to control his bowel movements. My wife currently has a home daycare that brings in about $15000/yr (approx 20% of our total gross income). As we approach the next school year, it becomes more apparent that my son will not be able to start with his class and that we will homeschool him as we continue to work with his surgeons on his condition.
    If my wife were to voluntarily close the home daycare, would our payment go down in proportion to the percentage of total income lost or would we be bound to the amount of the payment agreed upon?

    #2
    Originally posted by cubfan300 View Post
    If my wife were to voluntarily close the home daycare, would our payment go down in proportion to the percentage of total income lost or would we be bound to the amount of the payment agreed upon?
    You are bound to the payment you agreed upon unless your lawyer files an amended plan that reflects your lowered income and your trustee approves it. Contact your lawyer and discuss your options. Good luck to your family - hope everything works out in your favor! Let us know what your lawyer advises, ok?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Thank you very much for the info. Has anyone else in the forum ever had to close a home business while in a 13 and did the trustee adjust your payment due to the change in disposable income?
      Thanks to all!

      Comment

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