% Payback (it doesn't matter)

[godeep99]

I've just completed my plan and unsecured went from 13%($ 3,000) stated in plan to 71% ($13,000) not sure how that happened.

[lovemybugs10]

Better than I thought! Thanks!

[justbroke]

At the United State's Trustee Program - Means Testing URL (provided below as well)... you can find all of the IRS-based expense data.

Look at #4 "Local Standards. Housing and Utilities and Transportation" and select your State. It is broken down by County and number of persons in the home.

http://www.justice.gov/ust/eo/bapcpa/meanstesting.htm

[lovemybugs10]

How could I find out the allowable rent for my area before filing?

(thank you for all the help, everyone!)

[justbroke]

Is there a difference in the % when it's unsecured vs secured?

% Payback doesn't matter. There is no "percentage" calculation for secured debt. The only reason that a percentage is put on the Plan, is so that unsecured creditors will have some clue as to what they might get. They could, in the end, actually receive more or less than that amount. That "percentage" doesn't affect you personally.

It's the disposable monthly income that affects the debtor.

[lovemybugs10]

Is there a difference in the % when it's unsecured vs secured?

We don't have any secure debt- except our car- but it's caught up and almost paid for, so we would like to keep it out.

[Fallonedward]

Read your confirmation order and see what it says. Mine clearly states that if I obtain any new employment income I am required within 30 days to file an amended I & J with the court and "the Trustee may modify the Plan".

I have not filed yet, but I want to plan ahead

[tigergem]

You can petition to amend your plan, so long as you are paying enough into the plan to cover your secured and priority creditors. The effect would be to reduce the amount being paid to unsecured creditors. The Trustee probably won't do it.

Personally, I don't have an inch of breathing room to lower my payment, so such a thing would render my plan infeasible.

[lovemybugs10]

What if my dmi goes down...because my rent goes up. Will they adjust??!

[tigergem]

So do you have to notify your trustee, if you receive a 3% raise? I'm just trying to figure this out, thanks

Read your confirmation order and see what it says. Mine clearly states that if I obtain any new employment income I am required within 30 days to file an amended I & J with the court and "the Trustee may modify the Plan".

[Fallonedward]

Quite honestly most trustees won't do anything if your DMI increases. Even income increases over 10% often slip by without a peep. The majority of Ch 13 trustees are happy to see your payment coming in on time every month. They are so overwhelmed with new cases and their caseloads right now that they don't have time to be peeping into everyone's income shifts.

If filing Ch 13 makes the most sense for you financially in the long run, don't let something like this stop you. The chances of your Ch 13 payment increasing after confirmation is very, very small.

So do you have to notify your trustee, if you receive a 3% raise? I'm just trying to figure this out, thanks

[lrprn]

Well crud. It seems like I'm better off not filing and trying to work something out with my creditors.

Quite honestly most trustees won't do anything if your DMI increases. Even income increases over 10% often slip by without a peep. The majority of Ch 13 trustees are happy to see your payment coming in on time every month. They are so overwhelmed with new cases and their caseloads right now that they don't have time to be peeping into everyone's income shifts.

If filing Ch 13 makes the most sense for you financially in the long run, don't let something like this stop you. The chances of your Ch 13 payment increasing after confirmation is very, very small.

[lovemybugs10]

Well crud. It seems like I'm better off not filing and trying to work something out with my creditors.

[tigergem]

If our dmi goes up after we have had monthly payments assigned, will my monthly payments go up?

That depends on how much your DMI increases and your trustee. I am required to file an amended income and expense report if I have additional income, and the Trustee can modify my plan if he wants to based on that. (The way my confirmation order is written.) Which he probably will. He likes those nickels and dimes.

[lovemybugs10]

If our dmi goes up after we have had monthly payments assigned, will my monthly payments go up?