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Chapter 13 modification

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    Chapter 13 modification

    We have recently asked for a modification to our chapter 13 due to salary decrease and budget increases. It has been over 30 days and we have heard nothing. We requested our 57 months at $720 to be decreased to 46 months at$720 and 11 months at $100. We have already sent the 46th. payment of $720. My question is, do we continue to pay the $720 per month until we hear from the court or do we start paying $100 per month starting at the 47th. payment? We are struggling to pay rent and keep the lights on, thus the modification. Can we legally get the payroll department to change our monthly deductions or do we have to wait for the court?
    Also, what happens to the payment of $720 if we continue to pay it and the court approves our modification? Is it applied to our 11 months of payments? Does this mean that we will finish early?
    I know these are questions for our attorney or the bankruptcy case worker, however, neither of them will answer these questions. And it seems that they both have contradicting advice.

    #2
    The payroll deduction can only be changed by court order. Unfortunately, it looks like you are stuck at $720 until the court approves the modification.

    Good luck....
    Filed - 12/24/08 (Merry Christmas Credit Cards!)
    341 - 2/5/09
    Confirmation - 3/13/09....Happy Dance!!!

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