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Move out of state during ch13 ???

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    Move out of state during ch13 ???

    Hi Everyone,

    I am currently almost 2 years into a ch13, filed in April 2010, confirmed in June 2011. Never late with payments. What would be the consequences to my plan if I were to change jobs and move out of state ( for example AZ -> CO )? Would my plan have to be re-worked based on allowances in the new area? or only if my "real" expenses/income change? (as a note currently renting, so no mortgage/home involved just rent)

    I know that I at a minimum would have to file a change of address/employment. I am guessing that this is one of those depends on the trustee kinda things but hoping there is a rule of thumb

    Also I have posed this question to my lawyer, but we all know how they can be at responding to these hypothetical questions, and I would rather have an idea of what I am potentially looking at before it is a "pressing" issue and I have to go sit on somebody's desk.

    #2
    So after doing a little more digging myself, looks like the standards are the same for everything except housing/utilities, and transportation.
    As my housing cost would obviously be different I would just have to make sure that is within what is allowed ( wont be an issue)

    The more concerning one is the vehicle operating costs which the IRS standards have at $110 higher in Phoenix then in the west in general (Colorado) so would I potentially have to reduce my transportation expenses on Schedule J even if the "real" expenses do not go down ( and potentially go up)

    Thanks in advance for any help

    Comment


      #3
      Typically what happens after a move (voluntary or otherwise) is that you first notify your lawyer about the pending change. Once the move is complete and you have a few months to sort through your expenses in the new location, your original lawyer modifies your plan with any new expenses for housing and any new related job expenses that are significantly different that what you filed with. It's also a chance to update any other original expenses that have changed up or down significantly as well. Your lawyer or you send in your new official mailing address to the court so the court knows where to find you as well.

      Moving during an active 13 happens more often than you think it would, especially the last few years with the challenging job market. Hang in there!
      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

      Comment


        #4
        Thanks for the response. Amazingly I did hear from the attorney (likely because they charge $500 for plan changes after confirmation) and you hit it pretty much right on. Was told that the address change has to be filed right away, but other than that to see how the income and expenses settle, if it is reasonably close than no need for a plan change, if reasonably different then file the plan change ( and can make any other changes at that time).

        Thanks

        Comment

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