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    Question about payment increase

    My car will be paid off next year in May. It is not included in my BK, I will continue to make the payments directly to the creditor myself. My atty told me that when it is paid off, my monthly payment to the trustee would increase and that it won't be extra money for me. However, I received my documents from the court today that outlines my plan and it says what my monthly payment will be for the entire 60 months and has a total amount listed, which is my monthly payment multiplied by 60. It doesn't account for any increase. Is this something the trustee will keep on top of and implement when the time comes? If the trustee somehow misses this fact in all my paperwork, is it possible there won't be an increase? TIA!
    Filed Ch 13 - 2/2010
    341 meeting - 4/2010
    Confirmed! - 6/2010

    #2
    Wierd, my trustee objected to my plan before confirmation since it did not account for increased payments once my auto lease is up. Therefore it is clearly outlined in my plan.

    I don't have an answer for you, just my experience.

    I have seen others where the trustee keeps up on those sort of details.
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      #3
      Huh. My atty knows about this. He even asked me to provide a current statement that showed the amount left to pay right before I filed, which I did provide. I hope this doesn't hold up confirmation, I'll be ticked!
      Filed Ch 13 - 2/2010
      341 meeting - 4/2010
      Confirmed! - 6/2010

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        #4
        Both of our cars were within 6 months of being paid off at the beginning of our plan. When I asked our attorney about the possibility of an increased plan payment after they were paid off she said the trustee doesn't normally ask for that, as the trustees know that either A: You will have to replace a car or B: That auto repairs and maintenance on an older car are higher than a newer car. (Both of our vehicles were 6+ years old..and our car payments were under $300 each..maybe this made a difference)

        We didn't get an increase btw...
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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          #5
          That makes sense. My car isn't that old, only 3 years, but it has a LOT of miles on it. I'm pushing 100k on it. That's the one thing that still makes me nervous - it won't last the 5 years. I will most likely end up with pretty hefty maintenance expenses to keep it running.
          Filed Ch 13 - 2/2010
          341 meeting - 4/2010
          Confirmed! - 6/2010

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            #6
            You are allowed I believe $200/month repairs in the means test for paid for cars with > 70,000 miles or X years old so this should work.
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              #7
              Originally posted by debtinohio View Post
              You are allowed I believe $200/month repairs in the means test for paid for cars with > 70,000 miles or X years old so this should work.
              That could be district specific. I haven't seen anything like that in our district (X amount if your car is > Y years old)
              Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
              I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

              Comment


                #8
                I could be wrong, swore I read that sometime. Mine have like 15000 miles so I never persued it.
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