HELP! Question re: withholding (kinda long)

[edharley]

Question for the more experienced members:

I'm about a year away from being done with a Chapter 13. My payments of just over $350 have automatically come out of my paycheck every two weeks since the case was filed.

Today, I found on my paystub that the amount coming out has been dropped. I called my attorney, who was not aware of any change. I then called the company that handles the withholding, and was told they received an order from the trustee to reduce the payments to just over $350 monthly. I have received no notice of such a change from the trustee's office and I can't call them until tomorrow to verify.

While I could certainly use the extra money, I'm left to wonder if this is something normally done. I thought one explanation might be this. I'm paying off 2 cars at 100% to protect my spouse and 1 should be paid off at or around now. Could this be the reason?

Thanks in advance
Ed

P.S. My case is under the old law, if that makes any difference

[Flamingo]

Call your attorney tomorrow and have him/her obtain and send you a copy of your payment schedule which he/she can obtain online directly from the Trustee/Court. Our attorney would send us a copy every quarter via email. You should have received notice of any payment change in your plan from your attorney and/or trustee; also reread your Plan (you received a copy after confirmation). Is there any language that your payment will lower at year 4 of your plan?

[edharley]

Thanks

My attorney was unaware of any change and my plan doesn't call for any change in payments. My case is 33 months old, so hasn't hit year 4 quite yet.

[Flamingo]

OK, I misread your original posting indicating that you had about a year to go in your Plan and just thought there might be some wording in your Plan to create the change. Have your attorney get a copy of your plan as to payments and amounts paid and still due to creditors to date. I am surprised your attorney did not obtain one immediately when you contacted him about the situation since he was also unaware. Our vehicles were paid off in full during our Chapter 13 (old law, crammed into the plan) but our payment did not change. It is probably your vehicles being paid off at 100%. Does the amount being paid on them equal the $350 per month less? The schedule your attorney will obtain for you will show everything and probably answer all your questions.

[rrockinggramma]

if you have a Pacer account, check there and see if any motions have been filed by the trustee concerning this. It should all be listed there.