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For those who have filed chapter 13

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    For those who have filed chapter 13

    Did the trustee change the payment that was originally from your attorney. If so by how much, why was it changed ? Thanks for the replies, trying to get a feel to how accruate a good lawyer could be
    Last edited by magic13; 03-28-2012, 03:47 PM.

    #2
    When you attorney files your Chapter 13 plan, it is in the form of a proposal. Many trustees consider it their duty to be as thorough as possible, and that often means an objection to the plan payment amount. My attorney proposed $300 per month, but after an objection by the trustee, the amount went to $311 per month. So much depends upon the competence of your attorney (most of them are quite competent).

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      #3
      Originally posted by magic13 View Post
      Did the trustee change the payment that was originally from your attorney.
      It is not up to the trustee to change the payment. If the trustee objects to your plan you can agree to modify it. If you can't reach agreement with the trustee on an appropriate plan, it is the judge who decides whether to confirm your plan.

      My plan was confirmed as originally filed without any objection by the trustee. I am sure having a lawyer with 25 years of experience and who is familiar with and respected by the trustee helped a lot.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        #4
        Our original plan was submitted and accepted w/o any problems. No surprises. Our attorney specializes in bk only.
        Filed July 2009. Discharged 08/08/2014. Awaiting closing. We made it !!!! Woo-hoo!

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          #5
          Our trustee wanted more money than our lawyer proposed and he objected. She came back with a counter offer of taking our tax refunds and we agreed with this. Our payment is very high because two cars are included in it.
          Filed Chapter 13 - 7/10/07 - 5 year plan with 2 cars and 10% unsecured payback,
          Last Payment 7/12, DISCHARGED 11/26/12 CLOSED 12/18/12

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            #6
            Our attorney gave us a detailed list to follow when setting up our budget to determine our disposable income. After submitting our first budget to him, he asked us to adjust some things and make the budget a bit tighter. It was for our own good as with an increased plan payment the plan was 41 months.

            The trustee accepted the payment and plan. It was tough to live by in the beginning, but got easier as my husband got some small raises. Now we are almost done, just waiting for the audit, we think, since things are silent.

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              #7
              Our org. quote was $425 I believe... however due to assets we wanted to keep, our payment went to $600.

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                #8
                My plan increased $300 due to a raise and bonus between the time we filed and the 341 meeting.
                Discharged 5/2015

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                  #9
                  Our plan went up by $25 and an additional 11 months--47 months instead of 36

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                    #10
                    If your estimate isn't lower than the trustee's you're not being aggressive enough!
                    filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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                      #11
                      Ours went up slightly due to the need to cover priority claims. Funny thing is we made our proposal based on an approximate trustee % at 9 I think. But the trustee has been taking less than 6% so unsecureds will get the difference. Also, IRS readjusted their claims down so unsecured will get that differrence too.
                      Filed CH13/5yr 7/29/10
                      341 10/7/10
                      Confirmed 11/7/10

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